Podcast Location:
Download it here [file size: 38.8 MB]
Categories:
Employment Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

In this CPDcast, Michal Stein, an employment partner from Nabarro discusses the so-called “last straw” doctrine which typically allows an employee to resign in response to an event which in itself may be insubstantial but which, taken together with a chain of events, amounts to a fundamental breach of contract. It focuses on the last straw doctrine from an employer’s perspective and in particular the High Court’s confirmation that employers can dismiss for last straw failures in the case of Kearns v Glencore UK Limited [2013].

Outcomes:
After completing the course you will:
  • Understand the legal development of the last straw principle;
  • Be aware of the typical characteristics of last straw dismissals;
  • Have considered how one can identify a last straw failure in practice;
  • Know the facts of Kearns v Glencore [2013];
  • Have considered how employers currently manage potential last straw claims by employees;
  • Have considered simple steps which all employers can take to try to mitigate the risk of an employee’s act being mistakenly perceived as an unjustifiable ‘last straw’ such as to warrant dismissal.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Sources and References:
  • Abbey National Plc v Ms Elvira Formoso [1999] IRLR 222;
  • Hamill v Strong & Co Ltd EAT/1179/99;
  • Kearns v Glencore UK Limited [2013] EWHC 3697 (QB);
  • Lewis v Motorworld Garages Ltd (1986 ICR 157);
  • Malik v Bank of Credit; Mahmud v. Bank of Credit [1997] UKHL 23;
  • Robert Bates Wrekin Landscapes Ltd v Knight UKEAT/0164/13/GE;
  • Tayeh v Barchester Healthcare Limited [2013] EWCA Civ 29;
  • Waltham Forest v Omilaju [2004] EWCA Civ 1493.
Tags:

This CPDcast discusses the so-called “last straw” doctrine from an employer’s perspective after the High Court’s decision in Kearns v Glencore UK Limited [2013].

Date Recorded: 1st April 2014

NEW! TRANSCRIPT INCLUDED IN ADDITIONAL INFORMATION

Start this CPDcast Activity

© CPDcast.com