Site supervisor wins constructive dismissal case after school tried to change holiday rules

When a change of management leads to a breakdown in trust

This case highlights how a change in management can destabilise long-standing working arrangements. The claimant, a site supervisor at a nursery school, had agreed with the previous headteacher to work limited duties and take holiday during term time. When a new headteacher took over, she sought to change these arrangements, insisting that the claimant take holiday only during school holidays and threatening disciplinary action if he did not comply.

The situation escalated when the claimant was suspended and investigated for allegedly falsifying timesheets—a move the tribunal found was part of a pattern of behaviour that undermined trust and confidence. The claimant resigned in response, citing the unreasonable treatment.

What the employer could have done differently

The London Borough of Newham could have avoided this outcome by respecting the existing agreement or negotiating changes properly. Instead, they attempted to impose new rules unilaterally and used disciplinary proceedings to enforce them. The tribunal noted that the respondent admitted the dismissal would be unfair if a constructive dismissal was found, indicating that the employer recognised the weakness of its position.

Why this matters for similar claims

This case is a reminder that constructive dismissal claims often hinge on the employer's conduct over time, not just a single act. The cumulative effect of changing terms, issuing ultimatums, and initiating disciplinary action can amount to a fundamental breach. Employees who feel pressured to accept changes to their contract should document the history of their arrangements and seek legal advice before resigning.