Part-time teacher's constructive dismissal claim over capability process fails
A part-time teacher who resigned after being placed on a capability procedure and having her grievance rejected has lost her constructive unfair dismissal claim. The tribunal found the school acted reasonably throughout.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was a part-time teacher at Manford Primary School from September 2016.
- In September 2019, the claimant was moved to teach Year 5 after expressing a wish to teach older children.
- The headteacher placed the claimant on an informal monitoring/support plan due to concerns about her teaching.
- The monitoring period was extended twice, but the claimant was moved to formal capability in January 2020.
- The claimant raised a grievance alleging less favourable treatment as a part-time worker, which was not upheld.
- The claimant resigned on 6 March 2020, claiming constructive dismissal.
Timeline
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Claimant started employment
Mrs Carryl began working as a part-time teacher (0.8 fractional) at Manford Primary School.
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New headteacher appointed
Ms Julie Donnelly became headteacher of the school.
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Discussion about part-time hours
Ms Donnelly formalised part-time teachers' contracts; no hours were reduced.
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Assistant headteacher role discussion
Ms Donnelly told the claimant the assistant headteacher role required full-time hours; claimant applied but was not shortlisted.
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Claimant moved to Year 5
The claimant began teaching Year 5 after expressing a wish to teach older children.
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Informal monitoring started
Ms Donnelly placed the claimant on a four-week informal monitoring plan due to teaching concerns.
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Support plan extended
Monitoring period extended to 29 November; Ms Gould assigned to support the claimant.
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Monitoring period further extended
Monitoring extended to 20 December to give the claimant more time to improve.
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Formal capability procedure commenced
Ms Donnelly informed the claimant she was moving to formal capability due to insufficient progress.
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Claimant raised grievance
The claimant submitted a grievance alleging less favourable treatment as a part-time worker.
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Grievance meeting
Ms Carnelley chaired a grievance meeting; claimant attended with union rep.
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Grievance not upheld
Ms Carnelley wrote to the claimant confirming the grievance was not upheld.
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Claimant resigned
The claimant resigned with immediate effect, citing the way she had been treated.
The legal issue
The tribunal had to decide whether the school's conduct, including placing the teacher on a capability procedure and rejecting her grievance about part-time worker treatment, was so serious that it destroyed the trust and confidence needed for the employment relationship.
The outcome
The tribunal dismissed both complaints of constructive unfair dismissal and less favourable treatment as a part-time worker.
- The school's informal monitoring and formal capability procedure were reasonable responses to teaching concerns.
- The grievance was properly investigated and rejected; the outcome was not a breach of contract.
- The teacher's resignation was not a response to a fundamental breach by the employer.
No compensation was awarded as the claims failed.
Lessons & takeaways
- Constructive dismissal requires a fundamental breach of contract by the employer; a reasonable capability process will not count as such a breach.
- Part-time workers must show they were treated less favourably specifically because of their part-time status, not just that they were treated unfavourably.
- Raising a grievance does not automatically protect against a subsequent constructive dismissal claim if the grievance is properly handled.
- Employers can move from informal support to formal capability if progress is insufficient, provided they follow a fair process.
A capability process that passed the test
This case shows that a school's decision to move a teacher from informal monitoring to formal capability can be fair, even when the teacher feels it is premature. The teacher, a part-time subject leader, had been on a support plan for several months after teaching concerns arose. When progress was not enough, the headteacher started formal capability proceedings. The teacher resigned shortly after her grievance about part-time treatment was rejected, claiming constructive dismissal.
The tribunal carefully examined each step. It found that the school had genuine concerns about teaching standards, that the support plan was reasonable, and that the move to formal capability was a proportionate response. The grievance was heard by a governor who considered the teacher's arguments but concluded there was no less favourable treatment due to part-time status. The tribunal agreed.
What the school did right
The school could have avoided this claim by ensuring clear communication throughout. However, the tribunal noted that the headteacher had explained the concerns, provided support, and extended the monitoring period twice before moving to formal capability. The grievance process was independent and thorough. The key lesson is that a fair process, even if it leads to an outcome the employee dislikes, will not normally amount to a breach of trust and confidence.
Why this matters for similar claims
For employees considering a constructive dismissal claim, this case is a reminder that the bar is high. It is not enough to feel treated unfairly; there must be a fundamental breach of contract. For employers, it confirms that a structured capability procedure, properly documented and communicated, can withstand scrutiny. The teacher's claim for less favourable treatment as a part-time worker also failed because she could not show that her part-time hours were the reason for the school's actions.
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