What is Constructive Dismissal? The "Last Straw" and Your Employment Rights

The concept of constructive dismissal, often referred to as "the last straw," is gaining attention in employment law. This legal argument allows employees to claim unfair dismissal even if they resigned. HR Mindshift, an HR expert, explains that a constructive dismissal claim requires a pattern of unreasonable treatment, culminating in a final incident that forces the employee's resignation. "The last straw isn't just a saying; it's a legal argument," states Mindshift. The video provides practical examples, such as ongoing bullying leading to a final email, or lack of support following a mental health disclosure. However, Mindshift cautions that employees must resign promptly after the final incident; otherwise, the tribunal may deem the breach accepted. "The biggest mistake is waiting too long," she warns. This timely advice empowers employees to understand their rights and act accordingly.