Head of Year loses role, receives negative references: constructive dismissal and race discrimination
A teacher who was asked to step down as Head of Year, not reappointed, and given negative references was constructively dismissed and suffered race discrimination. The tribunal awarded over £460,000.
1 min read · Last updated 18 May 2026
Case details
- #race-discrimination
- #constructive-dismissal
- #unfair-dismissal
- #breach-of-contract
- #reference-discrimination
- #head-of-year-reappointment
Key facts
- The claimant was a teacher and Head of Year at Douay Martyrs school from 2004.
- In May 2016, the headteacher asked the claimant to relinquish her Head of Year role for the following academic year without guaranteed return.
- In April 2017, the claimant was not reappointed as Head of Year after a selection process, despite being the only unsuccessful candidate among four applicants.
- The claimant was told she could not reapply for vacant Head of Year posts, a fact the respondent later denied until cross-examination.
- The headteacher gave five references between 2017 and 2018 that were negative and inconsistent with other references from colleagues.
- The claimant resigned in December 2019 after the respondent failed to respond to her queries about sick pay and return to work.
Timeline
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Employment commenced
Claimant started working at Douay Martyrs school as a teacher.
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Appointed Head of Year
Claimant appointed as permanent Head of Year with TLR1A payment.
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Meeting with headteacher
Headteacher Mr Corish asked claimant to step down as Head of Year for 2016/17 without guaranteed return; claimant refused.
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Consultation on restructure
Email sent to heads of year about proposed pastoral restructure, requiring reapplication for posts.
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Not reappointed as Head of Year
Claimant told she was unsuccessful in the selection process and would cease to be Head of Year from September 2017.
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First negative reference
Mr Corish gave a reference to Brentside High School with predominantly 'C' ratings.
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Meeting with Mr O'Reilly
Claimant became upset and tearful in a meeting with deputy head Mr O'Reilly about her treatment.
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Last negative reference
Mr Corish gave a reference to Northolt High School stating poor performance and missed deadlines.
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First resignation (retracted)
Claimant resigned but later retracted after discussions; employment continued.
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Final resignation
Claimant resigned due to discrimination, harassment, and lack of response from employer.
The legal issue
The tribunal had to decide whether the teacher was constructively dismissed and whether the school's actions – including the request to step down, the non-reappointment, and the negative references – amounted to race discrimination, harassment, and victimisation.
The outcome
The tribunal upheld claims of unfair dismissal (constructive dismissal), breach of contract, harassment related to race, and direct race discrimination. The claims of victimisation were dismissed.
The key reasons were:
- The headteacher's request for the teacher to relinquish her Head of Year role without guaranteed return was direct race discrimination.
- The teacher was not reappointed as Head of Year in a selection process where she was the only unsuccessful candidate, which was also race discrimination.
- Five references given by the headteacher between 2017 and 2018 were negative and inconsistent with other references, amounting to race discrimination.
- The teacher's resignation in December 2019 was a constructive dismissal because the respondent failed to respond to her queries about sick pay and return to work, breaching the implied term of trust and confidence.
Compensation:
- Total award: £462,973.77
- Basic award: £10,500
- Compensatory award: not specified separately (total includes other heads)
Lessons & takeaways
- Constructive dismissal claims require a fundamental breach of contract that goes to the root of the employment relationship; ignoring an employee's reasonable queries can be enough.
- Negative references that are inconsistent with other references can be evidence of discrimination, especially if they come from a manager who has treated the employee unfavourably.
- Selection processes must be transparent and fair; being the only unsuccessful candidate among several should prompt scrutiny of the decision.
- Employers should respond promptly to employee queries about sick pay and return to work to avoid a breach of trust and confidence.
- Race discrimination can be established through a pattern of treatment over time, not just a single incident.
What this case shows in practice
This case illustrates how a series of seemingly separate decisions – a request to step down, a failed reappointment, and negative references – can together form a pattern of discrimination and lead to a constructive dismissal. The teacher had been at the school since 2004 and was a Head of Year from 2012. In May 2016, the headteacher asked her to give up the role for the next academic year without any guarantee of returning. When a restructure led to a selection process in 2017, she was the only one of four applicants not reappointed. She was also told she could not reapply for other Head of Year vacancies – a fact the respondent initially denied.
What the losing side could have done differently
The respondent could have avoided liability by handling the restructure more fairly. The selection process lacked transparency, and the decision not to reappoint the teacher was not justified. The headteacher's references were notably negative compared to those from other colleagues, which the tribunal found to be race discrimination. The respondent also failed to respond to the teacher's queries about sick pay and return to work, which ultimately led to her resignation and the finding of constructive dismissal. A timely and supportive response could have prevented the breach of trust.
Why the result matters for similar claims
This case is a reminder that employers must treat all employees consistently and fairly, especially in selection processes and references. It also shows that a constructive dismissal can arise from a failure to communicate, not just from a dramatic act. For employees, it highlights the importance of documenting a pattern of treatment and seeking advice if they feel they are being pushed out. The substantial award – over £460,000 – reflects the serious impact on the teacher's career and well-being.
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