Law queries

One of our members got into an argument with a colleague leaving her upset. As a result she stayed out at lunch for an additional half-hour before coming back and trying to explain to her manager what had happened. He refused to listen and has issued her with a final written warning. Our member is now threatening to resign. What would happen if she does?

Your member's situation is similar to a case recently decided upon by the Employment Appeal Tribunal (EAT). There the individual did resign and claimed constructive dismissal. The EAT held that the penalty of a final written warning was far too severe for what was a relatively minor incident. This meant that the warning amounted to a breach of contract. This entitled the employee to act upon the breach, leave work and claim constructive dismissal.

More information: Stanley Cole v Sheridan [2003] IRLR 52