An employment tribunal may consider a constructive unfair dismissal where only some of the claimant's complaints had been mentioned in a grievance. This overturns a previous ruling of the in Cyprus Airways v Lambrou (and the reason for many successful strike-out claims by respondents where some of the complaints were not mentioned in the grievance).

Where a constructive dismissal claim is based on a series of discrete breaches he will be able to pursue a claim even though he has failed to lodge a grievance over some of the breaches.

The EAT qualified this by stating that a claimant would still have to establish that any breaches he was relying upon were in reality responsible for his resignation.

The transcript of this case can be found  Here