Claimant v Brampton Manor Trust
Outcome
Individual claims
The tribunal found the respondent had not committed a fundamental breach of contract. The actions complained of, including requiring attendance at meetings after 4.15pm, allocation of lesson planning work, and yearly flexible working applications, did not amount to a repudiatory breach of the implied term of trust and confidence entitling the claimant to resign.
Claims at paragraphs 13(a) and 13(b) struck out as not presented within time limit under s123(1)(a) EqA 2010, did not form part of conduct extending over a period, and not just and equitable to extend time. Claim 13(c) struck out for acts before 01 May 2023 on same grounds.
Claims at 13(c) (01 May-19 May 2023), 13(d) and 13(e) not well founded. The tribunal found the respondent's conduct had no connection with the claimant's children's disabilities or the claimant's caring responsibilities arising from those disabilities.
Tribunal found it does not have jurisdiction to consider indirect disability discrimination based on association with a person holding a protected characteristic under s19 EqA 2010. Association discrimination is not recognized under the indirect discrimination provisions.
Claim at paragraph 21(a) struck out for acts before 01 May 2023 as not presented within time, not part of continuing conduct, and not just and equitable to extend. Claims 21(b) and 21(c) also struck out on time limit grounds.
Claim at 21(a) for acts 01 May-25 May 2023 failed. The tribunal found Dr Asong was not aware of the claimant's children's disabilities and the conduct had no connection with disability. The tribunal did not accept the claimant's evidence about certain alleged comments.
Claims at 23(a), (b), (c) and (e) struck out for acts before 01 May 2023 as not presented within time, not part of continuing conduct, and not just and equitable to extend time.
Claims at 23(a), (b), (c), (e) (for period 01 May-19 May 2023), 23(d) and 23(f) not well founded. Although some PCPs put women at particular disadvantage, the tribunal found they were justified as proportionate means of achieving legitimate aims including maximising effectiveness of MFL teaching, proper conclusion of meetings, high-quality education, and effective working patterns.
Facts
The claimant was a part-time French and Spanish teacher employed by an academy trust from 2016-2023. She had two children with haemophilia, one also diagnosed with autism in May 2022. From January 2023 a new head of Modern Foreign Languages, Dr Asong, scheduled meetings that ran past 4.15pm and imposed a centralised lesson planning system requiring the claimant to plan for Key Stage 4 Spanish. The claimant's annual flexible working request for permanent part-time working was refused in May 2023, with only a one-year extension offered. The claimant resigned on 26 May 2023.
Decision
The tribunal dismissed all claims. Most claims before 01 May 2023 were struck out as out of time. The tribunal found the respondent had not committed fundamental breach of contract justifying constructive dismissal. The discrimination claims failed because Dr Asong was unaware of the children's disabilities and the conduct was not related to disability. The indirect sex discrimination claims, while acknowledging some PCPs disadvantaged women with childcare responsibilities, were found to be justified as proportionate means of achieving legitimate aims of effective education and departmental functioning.
Practical note
Associative indirect disability discrimination claims are not recognized under the Equality Act 2010, and employers can justify requirements for meetings beyond contracted hours and centralized lesson planning as proportionate means of achieving educational effectiveness, even where these may disadvantage employees with caring responsibilities.
Legal authorities cited
Statutes
Case details
- Case number
- 3201793/2023
- Decision date
- 1 September 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- French and Spanish teacher
- Service
- 7 years
Claimant representation
- Represented
- No