Head of School with depression suffered disability discrimination over disciplinary delays
A tribunal found that a school trust failed to make reasonable adjustments for a head of school with depression and anxiety, by not providing timeframes for a disciplinary process or reviewing her suspension. Her constructive dismissal claim was rejected.
1 min read · Last updated 19 May 2026
Case details
- #long-term-sickness
- #occupational-health
- #disciplinary-process-delay
- #suspension-review-failure
- #constructive-dismissal-claim-dismissed
Key facts
- Mrs Whittick was employed as a teacher from 2013 and became Head of School in September 2015.
- She was placed on management leave in February 2016 after complaints from staff.
- She was diagnosed with adjustment disorder, depression and anxiety, agreed to be a disability.
- The first disciplinary process took 27 months and concluded with no disciplinary offence.
- A second disciplinary process followed a public order offence in April 2019.
- She resigned in June 2021 after being reverted to her substantive teacher role.
Timeline
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Started Head of School role
Mrs Whittick commenced a 12-month development role as Head of School.
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Placed on management leave
Mrs Whittick was placed on management leave without prior notice, in breach of policy.
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Initial meeting without details
A meeting was held but no specific allegations were provided to Mrs Whittick.
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Signed off sick with stress
Mrs Whittick went off sick and subsequently attempted suicide.
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Psychiatrist letter received
Dr Jeffery diagnosed adjustment disorder and recommended less impactful process.
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Allegations finally provided
Details of allegations were provided to Mrs Whittick's solicitors after a 3-month delay.
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Occupational health referral
OH assessment was arranged after Mrs Whittick requested the disciplinary process restart.
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First investigation concluded
The investigation found no disciplinary offence, but raised capability issues.
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Pub incident
Mrs Whittick was involved in a verbal altercation at a pub, leading to arrest.
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Reverted to teacher role
Respondent confirmed Mrs Whittick's Head of School role ended and she would revert to teacher.
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Resigned
Mrs Whittick resigned the day after being informed of the reversion.
The legal issue
The tribunal had to decide whether the school trust's handling of disciplinary processes and suspension reviews discriminated against a disabled employee, and whether the employee's resignation was a constructive dismissal.
The outcome
The tribunal found that the trust failed to make reasonable adjustments by not providing timeframes for the disciplinary process and not conducting regular suspension reviews. These failures were disability discrimination.
However, the tribunal dismissed the claim of constructive unfair dismissal, as the trust's conduct was not a fundamental breach of contract. Claims of direct discrimination, discrimination arising from disability, and most harassment claims were also dismissed.
No compensation was awarded at this stage; a remedy hearing will be scheduled to determine any financial award.
Lessons & takeaways
- Employers must set clear timeframes for disciplinary processes and review suspensions regularly, especially when dealing with disabled employees.
- Long delays in disciplinary investigations can be discriminatory if they fail to accommodate an employee's disability.
- Resigning and claiming constructive dismissal is difficult to prove; employees should seek legal advice before doing so.
- Employers should follow their own policies, such as suspension review procedures, to avoid discrimination claims.
A case of process failures and disability discrimination
This case highlights how a school trust's failure to manage disciplinary processes properly can lead to disability discrimination claims. The head of school, who had depression and anxiety, was placed on management leave in 2016 after staff complaints. She never returned to work, and two disciplinary investigations followed over several years. The tribunal found that the trust did not provide timeframes for the disciplinary process or conduct regular reviews of her suspension, which were reasonable adjustments required to accommodate her disability.
What the trust could have done differently
The trust could have avoided the discrimination finding by setting clear milestones for the investigation and ensuring regular suspension reviews. The tribunal noted that the trust's own policy required monthly reviews, but these were not carried out. The head of school's mental health deteriorated during the long process, and the lack of structure exacerbated her condition. Providing a timeline and regular updates would have been simple, low-cost adjustments.
Why this matters for similar claims
For employees with disabilities, this case shows that procedural failures in disciplinary processes can be challenged as discrimination. The tribunal accepted that the head of school's disability was a factor in the need for adjustments. However, the constructive dismissal claim failed because the trust's conduct, while poor, did not amount to a fundamental breach of contract. This underscores the high bar for constructive dismissal claims, even where discrimination is proven. A remedy hearing will determine compensation for the discrimination.
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