Constructive dismissal claim by teacher over suspension and representation fails
A primary school teacher who resigned after being suspended and denied her chosen representative lost her constructive dismissal claim. The tribunal found the school's actions were not a repudiatory breach of contract.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #disability-discrimination
- #failure-to-make-reasonable-adjustments
- #representation-at-disciplinary-hearing
- #suspension
- #lado-referral
Key facts
- The claimant was employed as a teacher from 24 August 2016 until 27 July 2020.
- The respondent conceded the claimant was disabled due to stress and anxiety from 26 January 2021.
- The claimant was suspended on 7 November 2019 following allegations including bullying.
- The LADO found safeguarding allegations unsubstantiated on 18 December 2019.
- The claimant resigned on 27 July 2020 citing breaches of trust and confidence.
- The respondents eventually allowed the claimant's chosen representative to act, but the claimant had already resigned.
Timeline
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Employment start
Claimant began employment as a teacher at the school.
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New Head Teacher starts
Miss Gilchrist commenced as permanent Head Teacher.
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Informal meeting
Miss Gilchrist raised concerns with the claimant about conduct, including pulling faces and a student teacher leaving.
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Claimant off sick
Claimant absent with stress and anxiety from this date.
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Settlement agreed in principle
Claimant accepted a settlement offer in principle.
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Claimant rejects settlement
Claimant declined to sign the settlement agreement.
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Suspension
Claimant suspended on full pay following allegations.
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LADO outcome
LADO found safeguarding allegations unsubstantiated.
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Suspension lifted
Suspension lifted; disciplinary process continued.
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Resignation
Claimant resigned, citing breaches of trust and confidence.
The legal issue
The tribunal had to decide whether the school's conduct during the suspension and disciplinary process, including initially refusing the teacher's chosen representative, was so serious that it destroyed trust and confidence, amounting to constructive dismissal. It also considered disability discrimination claims.
The outcome
The tribunal dismissed all claims: constructive unfair dismissal, discrimination arising from disability, and failure to make reasonable adjustments.
- The tribunal found that the school had reasonable grounds to suspend and investigate. The delay in allowing the teacher's chosen representative was not a fundamental breach, as it was eventually resolved.
- The teacher's resignation was not in response to a repudiatory breach; the school had acted within the range of reasonable responses.
- The disability discrimination claims failed because the teacher did not show that the school knew or ought to have known of her disability at the relevant time, and the reasonable adjustments claim was not made out.
Lessons & takeaways
- A suspension alone, even if lengthy, is unlikely to be a fundamental breach of contract if there are reasonable grounds and the employee is kept on full pay.
- Delay in allowing a chosen representative can be remedied; if the employer eventually agrees, it may not be a repudiatory breach.
- To succeed in a constructive dismissal claim, the employee must resign in response to a fundamental breach—not just be unhappy with the process.
This case shows the high bar for constructive dismissal claims, even in sensitive school settings. The teacher, with four years' service, was suspended after allegations of bullying and conduct issues. She resigned after the school initially refused her chosen representative, but later allowed it. The tribunal emphasised that the school's actions—while imperfect—did not destroy trust and confidence to a degree that justified resignation.
What the school did right
The school had legitimate concerns, followed its disciplinary policy, and kept the teacher on full pay during suspension. The LADO found no safeguarding issues, but the school was entitled to continue its own disciplinary process. The delay in allowing the chosen representative was a mistake, but it was corrected before the teacher resigned. The tribunal noted that the teacher did not give the school a chance to remedy the issue.
Why the result matters
This case reinforces that constructive dismissal requires a fundamental breach—not just poor handling. Employees considering resignation should ensure they have given the employer a reasonable opportunity to address concerns. The disability discrimination claims also failed because the school did not have constructive knowledge of the disability at the relevant time, highlighting the importance of clear communication about health conditions.
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