Teacher resigned after performance plan and grievance delay: constructive unfair dismissal
A teacher with six years' service was constructively unfairly dismissed after being pressured to sign a performance improvement plan and facing a delayed grievance process. She was awarded £40,408.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #race-discrimination
- #performance-improvement-plan
- #grievance-delay
- #fft50-target
- #informal-competency-meeting
Key facts
- The claimant was a teacher of English employed from September 2013 to August 2019.
- In September 2018, the respondent did not support the claimant's application for pay progression based on FFT50 results.
- The claimant was required to sign a Performance Improvement Plan with an unamended FFT50 target, while other teachers were allowed amendments.
- The claimant was invited to an informal competency meeting in October 2018 to discuss five issues, which the tribunal found heavy-handed.
- The claimant's grievance was not upheld, and the grievance appeal was delayed without acknowledgment for over three weeks.
- The claimant resigned on 24 May 2019 citing a hostile environment and unresolved grievances.
Timeline
-
Employment commenced
Claimant started work as a Teacher of English and Media Studies.
-
Dr Swift became Head of English
Dr Jacqueline Swift joined as Head of English Department.
-
Pay progression not supported
Claimant's appraisal recorded that her application for Upper Pay Scale was not supported due to FFT50 results.
-
Pressure to sign PIP
Mr Templeman-Wright insisted the claimant sign a Performance Improvement Plan without her proposed amendment.
-
Invitation to informal competency meeting
Claimant invited to a meeting to discuss five competency concerns, including refusal to sign PIP.
-
Informal competency meeting held
Meeting took place; review date set for 8 November 2018.
-
Grievance submitted
Claimant emailed grievance to the Principal alleging bullying and intimidation.
-
Grievance outcome meeting
Ms Doherty's report concluded grievance not substantiated; recommended mediation.
-
Grievance appeal received
Claimant's letter of appeal was received by the Chair of Governors.
-
Resignation
Claimant resigned with one term's notice, citing hostile environment and unresolved grievances.
-
Employment ended
Claimant's notice period expired.
The legal issue
The tribunal had to decide whether the teacher was constructively unfairly dismissed because the school's actions destroyed the trust and confidence needed for the employment relationship. It also considered claims of direct race discrimination and harassment, which were dismissed.
The outcome
The tribunal upheld the claim of constructive unfair dismissal.
Key reasons:
- The school put unreasonable pressure on the teacher to sign a Performance Improvement Plan with an unamended FFT50 target, while other teachers were allowed amendments.
- The invitation to an informal competency meeting was heavy-handed and contributed to a hostile environment.
- The grievance appeal was delayed for over three weeks without acknowledgment, which was a further breach of trust.
Compensation:
- Total damages: £40,408
- Basic award: not specified
- Compensatory award: not specified
- No Polkey reduction or contributory fault applied.
Lessons & takeaways
- If you are asked to sign a performance improvement plan, check whether the targets are realistic and whether other employees are treated differently.
- A grievance process that is unreasonably delayed can be a key factor in a constructive dismissal claim.
- Document everything: emails, meeting notes, and any pressure to agree to terms you are unhappy with.
- Constructive dismissal claims often succeed when an employer's actions cumulatively destroy trust and confidence.
- Race discrimination claims require direct evidence of a racial motive; general unfairness is not enough.
What this case shows in practice
This case highlights how a series of management actions can cumulatively destroy the trust and confidence needed for an employment relationship. The teacher, who had six years' service, was subjected to a performance improvement plan with a target that other teachers were allowed to amend. When she refused to sign, she was invited to an informal competency meeting that the tribunal described as 'heavy-handed'. Her subsequent grievance was not upheld, and the appeal was delayed without acknowledgment for over three weeks. Feeling isolated and unsupported, she resigned.
What the school could have done differently
The school could have handled the performance concerns more fairly by allowing the teacher to amend the FFT50 target, as it had done for others. The competency meeting should have been a supportive discussion rather than a formal process. Most importantly, the grievance appeal should have been acknowledged promptly and dealt with in a reasonable timeframe. These steps would have preserved trust and likely avoided the claim.
Why this result matters
This decision reinforces that employers must treat employees consistently and respond to grievances without undue delay. For employees, it shows that resigning in response to a fundamental breach of trust can lead to a successful unfair dismissal claim, even where discrimination claims fail. The £40,408 award reflects the financial impact of the dismissal, including loss of earnings and statutory rights.
Similar cases
Social worker's race discrimination claim over 'aggressive' stereotype dismissed
A black social worker with 15 years' service lost her claims of race discrimination and constructive dismissal after an altercation with a white colleague. The tribunal found no evidence of stereotyping or unfair treatment.
Warehouse operative loses race discrimination claim over battery fire disciplinary process
A warehouse operative who resigned after a disciplinary process over a battery fire failed to prove race discrimination, despite the tribunal finding administrative incompetence by the employer.
Audit Assistant Manager loses constructive dismissal and race discrimination claim against Grant Thornton
An Audit Assistant Manager with 2 years' service who resigned after being placed on a performance improvement plan has lost his claims of constructive unfair dismissal, race discrimination and whistleblowing detriment. The tribunal found the employer had reasonable cause for its actions.
Constructive dismissal after account reallocation and performance plan: a flawed process
A Services Account Manager with four years' service was constructively and unfairly dismissed after SAP placed her on a performance improvement plan and reallocated her largest accounts without proper process. The tribunal dismissed her discrimination claims.