Claimant v Future Academies
Outcome
Individual claims
The tribunal found that the respondent's conduct in imposing a performance improvement plan, and the manner in which it was done, did not amount to a fundamental breach of the implied term of mutual trust and confidence. The respondent had legitimate performance concerns, reasonable and proper cause for its actions, and was acting consistently with its performance improvement policy. The conduct was not calculated or likely to destroy or seriously damage trust and confidence, and was consistent with attempting to continue the employment relationship rather than abandoning it.
Facts
The claimant was Head of Mathematics at a secondary academy operated by the respondent. From September 2023, she received regular coaching and feedback from the respondent's Mathematics Lead identifying performance concerns. On 22 May 2024 she was told she would be placed on a support plan, which was confirmed on 24 May 2024 by the Principal. During the meeting on 24 May, the Principal told her she needed to be more assertive and to 'upset people' in her department (meaning have difficult conversations), confirmed capability procedures would follow if she failed the plan unless there were mitigating features, and said she would need to reapply for her role if she resigned but passed the plan. The claimant resigned on 30 May 2024, the last day before the resignation deadline for teachers.
Decision
The tribunal found that the respondent's conduct did not breach the implied term of mutual trust and confidence. The performance improvement plan was imposed in response to legitimate performance concerns that had been raised with the claimant over many months. The respondent had reasonable and proper cause for its actions, which were consistent with its performance improvement policy and with continuing the employment relationship. The principal's comments at the 24 May meeting were frank but proper responses to direct questions from the claimant. There was no constructive dismissal and the claim was dismissed.
Practical note
Imposing a performance improvement plan in response to longstanding, legitimate performance concerns does not breach the implied term of trust and confidence, even if the formal plan is introduced relatively suddenly, provided the employee has been given prior feedback about performance issues and the employer acts consistently with its policies.
Legal authorities cited
Statutes
Case details
- Case number
- 6015316/2024
- Decision date
- 25 September 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Name
- Future Academies
- Sector
- education
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Head of Mathematics
Claimant representation
- Represented
- No