The claimant encountered problems with several colleagues whom she felt were bullying her, although no action was taken. Later, an ‘altercation’ took place with a colleague and the claimant went off sick. After an investigation, disciplinary proceedings were brought against both and final written warnings were given for "inappropriate behaviour". After an unsuccessful appeal, the claimant resigned stating that the incident with her colleague was the "final straw". She argued a fundamental breach of the implied term of trust and confidence.

The ET dismissed the claim, as the trigger for the resignation was the dismissal of her appeal. The disciplinary process, and its outcome, were deemed fair and reasonable, and thus could not amount to a 'last straw'.

The