EFL teacher wins constructive dismissal claim after zero-hours contract imposed
An EFL teacher with 18 years' service was constructively dismissed after her employer unilaterally imposed a zero-hours contract and refused union representation. The tribunal awarded £39,208.47.
1 min read · Last updated 19 May 2026
Case details
- #constructive-dismissal
- #unilateral-contract-change
- #refusal-of-union-representation
- #threatening-emails
- #intimidation-at-workplace
- #unpaid-holiday-pay
- #unlawful-deduction-wages
Key facts
- The claimant was employed as an EFL teacher from 1 April 2008 until her resignation on 3 May 2022.
- The respondent unilaterally imposed a zero-hours contract on the claimant from 1 October 2021 without proper consultation.
- The respondent refused the claimant's repeated requests to be accompanied by a trade union representative at grievance meetings.
- On 28 February 2022, the claimant was confronted and intimidated by three senior managers outside her workplace.
- The claimant resigned on 25 April 2022 citing repudiatory breaches of contract by the respondent.
- The respondent failed to pay the claimant 13 days of accrued holiday pay and unlawfully deducted wages.
Timeline
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Started work as self-employed EFL teacher
Claimant began working for the respondent as a self-employed English Foreign Language teacher.
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Became full-time employee
Claimant signed a contract of employment as a full-time employee with an annual salary of £17,000.
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Proposed contract change
Mr DS texted the claimant about a new zero-hours contract, to commence after furlough ended.
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Claimant proposed part-time contract
Claimant emailed Mr DS proposing a part-time contract with guaranteed 15 teaching hours per week.
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Requested consultation meeting with union rep
Claimant requested a consultation meeting with union representation to discuss the contract changes.
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First grievance raised
Claimant raised a formal grievance about the unilateral contract change and refusal of union representation.
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New contract imposed
Respondent imposed the zero-hours contract; claimant began working under protest.
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First tribunal claim issued
Claimant presented a claim for redundancy pay, unlawful deductions, and holiday pay.
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Intimidation incident
Claimant was confronted by three managers at work, refused entry, and felt intimidated; she went on sick leave.
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Resignation
Claimant resigned with one week's notice, citing constructive dismissal due to repudiatory breaches.
The legal issue
The tribunal had to decide whether the employer's actions, including unilaterally changing the teacher's contract, refusing her requests for union representation at grievance meetings, and an incident where she was confronted by three managers, destroyed the mutual trust and confidence required for the employment relationship to continue.
The outcome
The tribunal upheld the teacher's claim for constructive unfair dismissal, finding that the employer's conduct was a fundamental breach of contract.
The key reasons were:
- The employer imposed a zero-hours contract from October 2021 without proper consultation, despite the teacher's objections.
- The employer repeatedly refused the teacher's requests to be accompanied by a trade union representative at grievance meetings.
- On 28 February 2022, the teacher was confronted and intimidated by three senior managers outside her workplace, which she found threatening.
- The employer also failed to pay 13 days of accrued holiday pay and made unlawful deductions from wages.
Compensation:
- Total award: £39,208.47
- Basic award: £8,614.40
- The remaining amount covers compensatory loss, holiday pay, and unlawful deductions.
Lessons & takeaways
- Unilaterally changing a long-serving employee's contract without consultation is a clear breach of the implied term of trust and confidence.
- Refusing an employee's right to be accompanied by a trade union representative at a grievance meeting can be a fundamental breach of contract.
- Intimidating or threatening behaviour by managers towards an employee will likely destroy trust and confidence, supporting a constructive dismissal claim.
- Employers should ensure that any contract changes are agreed with the employee and that grievance procedures are followed properly.
- Long-serving employees are entitled to a fair process before significant contractual changes are imposed.
A breakdown of trust and confidence
This case shows how a series of employer missteps can add up to a constructive dismissal. The teacher, who had worked for the college for 18 years, was told in late 2020 that her full-time contract would be replaced by a zero-hours arrangement. She objected and proposed a part-time contract, but the college imposed the new terms anyway from October 2021. She continued working under protest.
Matters escalated when the college refused her repeated requests to bring a trade union representative to grievance meetings about the contract change. Then, in February 2022, three senior managers confronted her outside the workplace, leaving her feeling intimidated. She went on sick leave and resigned two months later, citing a total breakdown in trust.
What the employer could have done differently
The college could have avoided the claim entirely by consulting properly on the contract change and agreeing terms with the teacher. Allowing union representation at grievance meetings would have been a simple step to show good faith. The confrontation on 28 February 2022 was particularly damaging—managers should have handled any issues through proper channels, not by approaching the employee outside work.
Why this matters for similar claims
This decision reinforces that constructive dismissal claims can succeed when an employer's conduct, taken as a whole, destroys the relationship of trust and confidence. The tribunal noted that the college's refusal to engage with the teacher's concerns and its intimidating behaviour left her with no choice but to resign. For employees facing similar treatment, keeping a detailed record of events and seeking legal advice early is crucial.
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