English teacher who raised IB exam concerns loses constructive dismissal claim
A tribunal dismissed claims of constructive unfair dismissal, disability discrimination and detriment for protected disclosures brought by an English teacher who raised concerns about International Baccalaureate exam preparation.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was an English teacher and head of department at a private school.
- She raised concerns about the preparation of students for the IB Individual Oral Commentary examination.
- The tribunal found that she made a protected disclosure regarding potential breach of IB regulations.
- However, the tribunal concluded that the alleged detriments were not on the ground of the disclosure.
- The claimant was absent from work due to stress from January 2020 and her sick pay was reduced after six months.
- The tribunal held that the reduction in sick pay was not discriminatory and the employer did not breach the implied term of trust and confidence.
Timeline
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Employment started
Claimant began working as an English teacher at Windermere School.
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Became head of English
Claimant became head of the English Department.
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IOC concerns raised
Claimant learned from a student that only six extracts were being revised, prompting her to email colleagues about potential breach of IB rules.
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First alleged protected disclosure
Claimant emailed line manager EV expressing shock at the approach and stating she felt duty-bound to ensure compliance.
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Further emails on IOC
Claimant sent emails to EV detailing her teaching strategy and warning that narrowing extracts would breach IB regulations.
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IB clarification obtained
Claimant received an email from the IB stating that students must not know extracts in advance; she forwarded this to EV and others.
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Department meeting
A meeting was held to address unhappiness in the department; EV made an outburst, saying the claimant was 'prepared to throw the school under the bus'.
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Meeting with SR
Claimant met with business manager SR; SR raised the issue of an apology but did not force one.
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Page-tearing incident
Claimant instructed students to tear a page from 'The Reluctant Fundamentalist' to remove a suicide reference, upsetting a student.
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Claimant went off sick
Claimant began a period of sickness absence that lasted until her employment ended.
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Investigation letter
Claimant was invited to a disciplinary investigation meeting regarding the incidents of 17 January.
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Sick pay reduced
Claimant's sick pay was reduced from full pay to half pay after six months of absence.
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Resignation
Claimant resigned, citing that trust and confidence had been completely eroded due to the grievance appeal outcome.
The legal issue
The tribunal had to decide whether the teacher was subjected to detriments because of her protected disclosures about IB exam preparation, whether the school failed to make reasonable adjustments or discriminated against her due to disability when reducing sick pay, and whether she was constructively dismissed.
The outcome
The tribunal dismissed all claims.
- The teacher made a protected disclosure about IB exam preparation, but the detriments she alleged (including a meeting where a colleague said she was 'prepared to throw the school under the bus') were not on the ground of that disclosure.
- The reduction in sick pay after six months was not discriminatory; the school had a policy of reducing sick pay after six months and the teacher had not requested any reasonable adjustments.
- The resignation was not a constructive dismissal because the school had not breached the implied term of trust and confidence; the grievance process had been reasonable.
Lessons & takeaways
- Making a protected disclosure does not automatically protect you from all negative treatment — you must show that the treatment was because of the disclosure.
- A reduction in sick pay in line with a clear contractual policy is unlikely to be discriminatory unless you have requested specific reasonable adjustments that the employer has ignored.
- To succeed in a constructive dismissal claim, you must show that the employer committed a fundamental breach of contract that caused you to resign — a reasonable grievance process can defeat that claim.
- Tribunals will look at the whole context, including the employer's response to your concerns, not just the initial disclosure.
What this case shows in practice
This case illustrates how difficult it can be to prove that negative treatment at work was caused by a protected disclosure. The teacher had genuinely raised concerns about a potential breach of International Baccalaureate regulations — which the tribunal accepted was a protected disclosure. However, the tribunal found that the subsequent treatment she received, including a colleague's outburst and the disciplinary investigation, was not motivated by that disclosure. Instead, it was linked to other workplace tensions and the tragic context of two student suicides at the school.
The teacher also claimed that reducing her sick pay after six months was disability discrimination. But the tribunal noted that the school had a clear sick pay policy, and the teacher had not requested any adjustments to her pay or working arrangements. Without a specific request, the employer cannot be expected to know that a change in sick pay might be discriminatory.
What the losing side could have done differently
From the teacher's perspective, the key lesson is the importance of linking each alleged detriment directly to the protected disclosure. The tribunal found that the colleague's 'under the bus' comment was about the teacher's general approach, not specifically about her disclosure. Keeping clear records of conversations and emails that explicitly connect negative treatment to the disclosure could strengthen a future claim.
For employers, this case shows that a fair grievance process can be a powerful defence. The school investigated the teacher's grievances and provided appeal outcomes, which the tribunal considered reasonable. Even though the teacher felt trust and confidence had been eroded, the tribunal found no fundamental breach of contract.
Why the result matters for similar claims
This decision reinforces that constructive dismissal claims require a serious breach of contract by the employer — not just a breakdown in relationships. It also highlights that protected disclosure claims need a clear causal link between the disclosure and the detriment. For employees considering similar claims, it is essential to gather evidence that shows the employer's actions were directly because of the disclosure, not because of other factors.
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