Brodie v Ward (t/a First Steps Nursery) - Without prejudice letter cannot be "last straw" for constructive dismissal claim [2007] EAT

Miss Brodie was absent sick from her post with First Steps Nursery. She claimed that contractual sick pay had been witheld from her. First Steps' solicitor wrote a without prejudice settlement offer, offering a sum of money in exchange for her resignation. Miss Brodie resigned and claimed constructive unfair dismissal, citing the letter as the "last straw". The employment tribunal dismissed her claim, holding that the letter could not be used as she claimed. Miss Brodie appealed.

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