Assistant head of school who disclosed domestic violence wins constructive dismissal claim
An assistant head of school who told his headteacher he was a victim of domestic violence has won his constructive unfair dismissal claim after the school's handling of disciplinary and grievance processes was found to breach trust and confidence.
2 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #domestic-violence
- #disciplinary-investigation
- #grievance-procedure
- #suspension
- #sex-discrimination-dismissed
- #unauthorised-deductions-dismissed
Key facts
- The claimant was employed as Assistant Head of School and Deputy Designated Safeguarding Lead from 1 February 2016.
- The claimant informed the headteacher in December 2019 that he was a victim of domestic violence and was involved in family proceedings.
- A non-molestation order was granted against the claimant in December 2019, which he did not immediately disclose to the school.
- The claimant collected his daughter from nursery on 28 January 2020; the police were called but the claimant was unaware at the time.
- The school placed the claimant under disciplinary investigation in July 2020 for alleged failure to disclose the nursery incident and for providing allegedly false medical evidence.
- The claimant resigned on 13 December 2020, citing a breach of trust and confidence due to the school's handling of his grievance and disciplinary process.
Timeline
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Meeting with headteacher
Claimant informed headteacher Ciara Emmerson about family proceedings and intention to apply for a non-molestation order (NMO) against his ex-partner.
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Interim NMO served
Claimant was served with an interim NMO obtained by his ex-partner on an ex parte basis.
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Meeting about NMO
Headteacher met with claimant to discuss the NMO; claimant was told he should have disclosed it sooner. A risk assessment was initiated.
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Nursery incident
Claimant collected his daughter from nursery; police were called by the mother but claimant was unaware at the time.
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Verbal warning issued
Claimant received a verbal warning for non-disclosure of the NMO, effective for six months.
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Disciplinary investigation commenced
Headteacher emailed claimant with concerns about non-attendance, suspected false medical evidence, and failure to comply with risk assessment transparency obligations.
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Investigation meeting
Claimant attended a disciplinary investigation meeting with investigator Michael Jarrett-Potts, accompanied by a union representative.
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Meeting about leave and counselling
Meeting to discuss claimant's sick leave and request for off-site therapy; headteacher raised additional concerns about professionalism.
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Claimant submitted grievance
Claimant raised a formal grievance alleging bullying and harassment by the headteacher.
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Suspension from safeguarding role
Claimant was suspended from his role as Deputy Designated Safeguarding Lead pending outcome of disciplinary process.
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Further disciplinary allegations
Claimant was notified of additional disciplinary allegations relating to sickness absence and attending a job interview while on sick leave.
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Claimant resigned
Claimant sent letter of resignation with immediate effect, citing breach of trust and confidence.
The legal issue
The tribunal had to decide whether the school's actions, including commencing a disciplinary investigation and suspending the claimant from his safeguarding role after he disclosed domestic violence, amounted to a breach of the implied term of trust and confidence, entitling him to resign and claim constructive unfair dismissal. It also considered claims of sex discrimination and unauthorised deductions, which were dismissed.
The outcome
The tribunal upheld the claimant's complaint of constructive unfair dismissal.
- The school's decision to investigate the claimant for failing to disclose a nursery incident and for providing allegedly false medical evidence, combined with the suspension from his safeguarding role and the handling of his grievance, was found to be a fundamental breach of the implied term of trust and confidence.
- The claimant's complaints of direct sex discrimination and unauthorised deductions from wages were dismissed as they were presented outside the time limits and it was not just and equitable to extend time.
- A remedy hearing has been listed to determine compensation.
Lessons & takeaways
- Employers should handle disciplinary investigations with sensitivity when an employee has disclosed personal trauma such as domestic violence, as failing to do so can breach trust and confidence.
- Suspending an employee from a key role without proper justification, especially when they have already been cooperative, may be seen as a breach of the implied term of trust and confidence.
- Employees who believe their employer has fundamentally breached their trust should consider resigning in response and bringing a constructive dismissal claim, but must act promptly and clearly communicate the breach.
- Time limits for bringing discrimination and unauthorised deduction claims are strict; claimants should seek advice early to avoid missing deadlines.
A breakdown of trust
This case shows how an employer's response to an employee's disclosure of domestic violence can unravel the employment relationship. The claimant, an assistant head of school and deputy designated safeguarding lead with six years' service, informed his headteacher in December 2019 that he was a victim of domestic violence and involved in family proceedings. What followed was a series of actions by the school that the tribunal found fundamentally breached the implied term of trust and confidence.
What went wrong
The school's disciplinary investigation, commenced in July 2020, focused on the claimant's failure to disclose a nursery incident in January 2020 where police were called by his ex-partner, and on allegations of providing false medical evidence. The claimant had already received a verbal warning for not disclosing a non-molestation order. The tribunal noted that the school's handling of the disciplinary process, including suspending the claimant from his safeguarding role in November 2020 and pursuing further allegations while he was on sick leave, cumulatively destroyed the trust necessary for the employment relationship.
What the school could have done differently
The school could have taken a more supportive approach, recognising the claimant's vulnerability and the context of his personal circumstances. Instead of escalating to a disciplinary investigation, a more measured response—such as offering welfare support and ensuring the risk assessment was properly implemented—might have preserved trust. The claimant's grievance, submitted in November 2020, was not dealt with before his resignation, further compounding the breach.
Why this matters
This case is a reminder that employers must be careful when handling employees who disclose sensitive personal issues. The implied term of trust and confidence requires employers not to act in a way that is likely to destroy or seriously damage the relationship. For employees in similar situations, the case illustrates that resigning in response to a fundamental breach can lead to a successful constructive dismissal claim, but it is important to act promptly and clearly communicate the reasons for resignation.
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