Can my "Last Straw" be 3 months before I resigned?
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I had a Preliminary Hearing this week for a Constructive Dismissal and Discrimination claim (Age and Disability). It was okay and the judge and the barrister reminded me of two of my uncles 😂
The Judge asked for my "last straw." I identified a meeting on June 8th where my manager lied to me, destroying all trust. I have identified this in my ET1 as the repudiatory breach. The Judge remarked that this felt "too early" for the last straw because I didn't leave until September. I want to stick to June 8th as the fundamental breach, but I need to explain the gap.
Here is the timeline
-Manager caught in a major lie to me in a meeting. It was lie that was covering up the age discrimination. I knew I had to go. -Emailed the most senior boss that day to say I needed to get out.
-I couldn't quit immediately as my wife had just lost her job and she is pregnant. I started job hunting that day.
-I got a new role in late June. I told my manager immediately that I was leaving, but explained I couldn't hand in formal notice until the offer was "unconditional" (vetting/checks). He agreed to this. This is standard in my industry and you are always advised not to hand in notice as sometimes jobs fall through.
-Between June and August, I repeatedly complained about my treatment. During this time there was also more discrimination (all related to the other acts). I made it clear I was only staying because I had to and was not "affirming" the contract.
Once the offer became unconditional in mid-August, I resigned immediately and negotiated my notice down from 12 weeks to 6.
Is it a mistake to stick to June 8th? I’m looking at cases like Buckland v Bournemouth and Quiller v Falconer regarding staying "under protest" for financial reasons.
Do the discriminatory meetings and biased performance reviews I faced in July/August count as a "continuing act" that keeps the breach alive?
Did the Judge say it was "too early" just because he hasn't seen the evidence of my repeated complaints and the financial necessity yet?
I feel June 8th is the honest "breaking point," but I don't want to fall into a legal trap. Any advice?