Wishaw & District Housing Association v Moncrieff - How a tribunal must approach a "last straw" constructive unfair dismissal claim [2009] EAT
Mr Moncrieff claimed constructive unfair dismissal, relying on a "last straw" argument. He had gone off sick with stress but the Housing Association ("HA"), in his view, completely mishandled the situation. He had been told that there were a number of failings in his performance: he had denied this and thus become ill. The situation was exacerbated by domestic difficulties, some of which the HA clearly doubted, and he was referred for an occupational health examination. Communication became difficult - especially after Mr Moncrieff claimed that someone at the HA must have lied to management about his brother's suicide attempt - and eventually he was only communicating through solicitors.
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