In 2001 Mr Omilaju, a former employee at Waltham Forest Council’s housing department, resigned and took his case to court after claiming ‘last straw’ circumstances.
Between 1998 and 2000 he issued five separate proceedings against the council for victimisation, direct discrimination and interference with trade union activity. The council didn’t pay My Omilaju’s salary for July and August 2001. He then resigned in the September and took the council to court claiming for racial discrimination, constructive unfair dismissal, harassment and victimisation. He claimed the refusal to pay his salary had ruined his confidence and trust in his employer, hence it was the ‘last straw’ and drove him to resign.
The Court of Appeal found against Mr Omilaju because his employer said he could have applied for annual leave or special unpaid leave, but he chose not to.
What is the ‘final straw’ or ‘last straw’?
The Court of Appeal states that the final or last straw is the last act in a chain or series of acts or incidents that lead to the repudiation of the contract by the employer. The last straw itself doesn’t have to be completely unreasonable, but it can’t be trivial. It’s rare for an employer to come under the last straw act if their conduct is ‘blameworthy.’
Questions the Employment Tribunal will ask itself
An Employment Tribunal will determine whether or not an employee has been constructively dismissed using the following set of questions:
- What was the employer’s last act that triggered the alleged ‘last straw’?
- Has the employee attested the contract since?
- Was the act a lone incident which resulted in a repudiatory breach of contract?
- Was the act part of a series of acts which resulted in a breach of trust and confidence?
- Did the employee resign partially or wholly because of the single breach?
Have a question about a ‘last straw’ case? Contact Alison via email for more information.