Dyslexic programme manager loses constructive dismissal claim over performance plan

When a performance plan is not a breach of trust

This case shows that not every management action that an employee finds difficult will amount to a constructive dismissal. The programme manager, who had dyslexia, was placed on an informal performance improvement plan after her manager raised concerns about missed deadlines and communication issues. The tribunal accepted that the plan was a genuine attempt to support improvement, not a disguised disciplinary process. The manager's blunt style and occasional insensitivity did not cross the line into a fundamental breach of contract.

The limits of disability protection

The employee argued that her dyslexia was the reason for the performance concerns and that the manager's actions, such as spelling out words during a Teams presentation, were discriminatory. However, the tribunal found no evidence that the manager knew the spelling was related to dyslexia or that she intended to treat the employee unfavourably. The performance issues were based on objective facts, and the employer had offered adjustments during the hearing, such as reading documents aloud, which the employee sometimes declined.

What the employer did right

JC Bamford Excavators Limited conducted a proper grievance process, appointing a different manager to hear it. The grievance was partially upheld, and the employer offered to move the employee to a different team. The employee resigned before that could happen. The tribunal noted that the employer's response was reasonable and that the employee's decision to resign was premature. This case reinforces that employers who follow fair procedures and offer support are likely to defend constructive dismissal claims successfully.