Acting principal resigns after employer repeatedly suggested he quit: constructive dismissal win
A teacher with 28 years' service was awarded £48,117 after the tribunal found the school's conduct—including repeated suggestions to resign and delays returning his possessions—breached trust and confidence, entitling him to resign and claim constructive unfair dismissal.
1 min read · Last updated 18 May 2026
Case details
Key facts
- Mr Kilroy was a teacher for 28 years and held senior roles including Vice Principal and Acting Principal.
- He was suspended and later dismissed after allegations regarding exam duties and artwork.
- The employer repeatedly suggested he resign, which he interpreted as a breach of trust.
- He was reinstated on appeal but resigned shortly after due to ongoing delays and failure to return his possessions.
- The tribunal found the employer's conduct cumulatively breached the implied term of trust and confidence.
Timeline
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Phone call to CIT employee
Mr Kilroy called Chris Armond of CIT to ask about the transfer process; Armond asked if he wanted a pay-out.
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Meeting about artwork inventory
Mr Kilroy was questioned about discrepancies in artwork inventories; Armond suggested resignation.
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Investigation meeting and suspension
Mrs White held an investigation meeting; Mr Kilroy was suspended on full pay.
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Off-the-record meeting
Mrs White again suggested resignation; Mr Kilroy refused.
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Investigatory meeting
Further discussion of artwork and exam concerns.
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Phone call about compromise agreement
Mrs White invited Mr Kilroy to consider a compromise agreement.
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Meeting about compromise agreement
Mrs White suggested £20,000-£40,000; Mr Kilroy countered at £50,000+.
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Disciplinary hearing
Hearing chaired by Mrs Herbert; allegations of gross negligence and unauthorised possession of school property.
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Dismissal and resignation letter
Mr Rose informed Mr Kilroy of summary dismissal; Mr Kilroy's solicitor sent a resignation letter.
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Appeal outcome: reinstatement
Mr Kilroy was reinstated with a final written warning.
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Resignation
Mr Kilroy resigned, citing delay and failure to return personal possessions.
The legal issue
The tribunal had to decide whether the employer's conduct, including repeatedly suggesting resignation and failing to handle the disciplinary and appeal process properly, amounted to a repudiatory breach of the implied term of trust and confidence, allowing the employee to resign and claim constructive unfair dismissal.
The outcome
The tribunal upheld the claim of constructive unfair dismissal.
The key reasons were:
- The employer repeatedly suggested the teacher resign, which undermined trust and confidence.
- The disciplinary process was flawed, and the appeal was delayed.
- After reinstatement, the employer failed to return his personal possessions promptly, leading to his resignation.
Compensation:
- Basic award: £14,224.00
- Compensatory award: £33,893.68
- Total: £48,117.68
Lessons & takeaways
- Employers should avoid suggesting resignation as a way to resolve disciplinary issues—this can be seen as a breach of trust and confidence.
- Delays in handling appeals and returning personal property after reinstatement can cumulatively justify a constructive dismissal claim.
- A long-serving employee is more likely to succeed in a constructive dismissal claim if the employer's conduct undermines the trust essential to the employment relationship.
- If you resign in response to employer misconduct, do so promptly and without affirming the contract, to preserve your right to claim constructive dismissal.
A 28-year career undone by a breakdown in trust
This case shows how a series of seemingly minor actions by an employer can add up to a fundamental breach of trust, giving a long-serving employee the right to resign and claim constructive dismissal. The teacher, who had worked for 28 years and risen to acting principal, found himself repeatedly pressured to resign after discrepancies emerged in artwork inventories. The employer's HR representative suggested resignation on multiple occasions, even offering a compromise agreement worth £20,000–£40,000. When the teacher refused, he was suspended and later dismissed.
What the employer could have done differently
The employer's approach was flawed from the start. Rather than investigating the inventory issues fairly, they repeatedly suggested resignation—a tactic the tribunal found undermined trust and confidence. The disciplinary hearing was conducted by a panel from the acquiring trust, which lacked impartiality. After the teacher was reinstated on appeal, the employer failed to return his personal possessions for several days, causing further distress. A fairer process would have involved a neutral investigation, avoiding any suggestion of resignation, and ensuring a prompt return of property after reinstatement.
Why this result matters
This case reinforces that constructive dismissal claims can succeed when an employer's conduct, taken as a whole, destroys the trust at the heart of the employment relationship. For employees, it highlights the importance of documenting every instance of pressure to resign and acting promptly—the teacher resigned just six days after reinstatement, avoiding any argument that he had accepted the employer's behaviour. The compensation of £48,117 reflects the loss of a long career and the impact of the employer's failings.
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