Head of School forced out after welfare meeting: constructive dismissal over trust and confidence
A Head of School with 15 years' service resigned after a welfare meeting turned aggressive and her grievance was mishandled. The tribunal found constructive unfair dismissal, awarding £13,172.50.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #head-teacher
- #performance-management
- #welfare-meeting
- #grievance-procedure
- #acas-code
Key facts
- The claimant was employed from 1 January 2002 until she resigned on 23 March 2017.
- She was appointed Head of School on 1 September 2016.
- The claimant was absent from work from 7 November 2016 with stress and high blood pressure.
- A welfare meeting on 30 November 2016 was conducted in an aggressive and unsupportive manner.
- The respondent threatened capability proceedings if the claimant returned to work.
- The claimant's grievance was not progressed and a meeting on 21 March 2017 was handled poorly.
Timeline
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Employment started
Claimant began working at Tyldesley Primary School.
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Appointed Head of School
Claimant was appointed Head of School without a job description or interview.
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School review by Jonathan Brown
A review found the school's leadership lacked capacity and the SIP was unclear.
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Claimant signed off sick
Claimant was signed off with stress and high blood pressure.
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Welfare meeting
A welfare meeting was held where the CEO was aggressive and indicated the claimant was not up to the job.
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Settlement offer
The respondent made a without prejudice settlement offer of £19,270, later increased to £30,000.
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Grievance submitted
Claimant submitted a formal grievance letter to the Chair of Governors.
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Meeting with Ben Spence
A meeting to discuss the grievance was instead used to demand a psychologist appointment before progressing.
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Resignation
Claimant resigned, citing loss of confidence in the process.
The legal issue
The tribunal had to decide whether the employer's conduct — including an aggressive welfare meeting, a settlement offer, and a poorly handled grievance — destroyed the mutual trust and confidence needed for the employment relationship, making a resignation a constructive dismissal.
The outcome
The tribunal upheld the claim of constructive unfair dismissal.
Key reasons:
- The welfare meeting on 30 November 2016 was conducted in an aggressive and unsupportive manner, with the CEO indicating the claimant was not up to the job.
- The respondent threatened capability proceedings if the claimant returned to work, adding pressure.
- The claimant's formal grievance was not progressed properly; a meeting on 21 March 2017 was used to demand a psychologist appointment before discussing the grievance.
- This conduct destroyed trust and confidence, leaving the claimant no choice but to resign.
Compensation:
- Basic award: £13,172.50
- No compensatory award or other damages were awarded in the judgment excerpt provided.
Lessons & takeaways
- Welfare meetings must be supportive and not used to pressure or threaten employees, especially those on sick leave.
- Employers should handle grievances promptly and fairly; delaying or imposing conditions can be a breach of trust.
- A settlement offer made during a welfare meeting can be seen as an attempt to force an employee out, damaging the relationship.
- Long-serving employees (15+ years) are entitled to a higher standard of fair treatment; breaches are more likely to be deemed fundamental.
A career ended by a single meeting
For a Head of School with 15 years of service, the transition to a new role should have been a proud moment. Instead, a welfare meeting in November 2016 turned into a confrontation. The CEO was aggressive, questioned whether the claimant was 'up to the job', and later threatened capability proceedings if she returned to work. Within days, a settlement offer was made — a clear signal that the trust between employer and employee had already fractured.
What went wrong for the employer
The respondent, Leading Learners Multi Academy Trust, made several critical errors. First, the welfare meeting was not handled with the care expected for an employee on sick leave with stress and high blood pressure. Second, the threat of capability proceedings added pressure at a vulnerable time. Third, the claimant's formal grievance was left to drift for months, and when a meeting finally took place, it was used to demand a psychologist appointment before any discussion of the grievance. This pattern of behaviour destroyed the mutual trust and confidence that underpins any employment relationship.
Why this case matters
This case is a reminder that constructive dismissal claims can succeed when employers fail to follow basic fair process. The tribunal found that the respondent's conduct went beyond poor management — it was a fundamental breach of contract. For employees in similar situations, the key is to show that the employer's actions left no reasonable option but to resign. The basic award of over £13,000 reflects the claimant's long service, but the real lesson is about the importance of treating employees with respect, especially during difficult times.
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