Claimant v Wey Education Services Limited
Outcome
Individual claims
The tribunal found the claimant resigned in response to a proposed restructure and role change. The tribunal concluded that the series of events from January 2023 (removal of Annualised Hours), through September 2023 (temporary dual Team Leader role causing stress), to the 28 November 2023 meeting (proposing permanent Administration Team Leader role or demotion) did not cumulatively amount to a fundamental breach of the implied term of trust and confidence. The respondent had reasonable and proper cause for each action, and there was insufficient time for the respondent to react to the claimant's work-related stress before the resignation.
The claim was dismissed because the tribunal found the claimant was not constructively dismissed. Without a dismissal, there could be no unfair dismissal. The claimant failed to prove a fundamental breach of contract either as individual breaches or as a cumulative series of acts that destroyed or seriously damaged trust and confidence.
Facts
The claimant worked as a Team Leader in Admissions from April 2022. In January 2023, her annualised hours scheme was removed without formal notice. In September 2023, she was temporarily assigned dual Team Leader responsibilities (Admissions and Administration) without consultation or training, causing work-related stress. She took sick leave from 2-24 November 2023. On 28 November 2023, three days after returning on a phased basis, she was offered permanent Administration Team Leader role or a demotion to Customer Service Lead following a restructure. She resigned the following day.
Decision
The tribunal dismissed the claim, finding no constructive dismissal. While the removal of annualised hours was a breach of contract, it was affirmed by continued working. The temporary dual role assignment had reasonable and proper cause. The tribunal found that cumulatively these events did not amount to a fundamental breach of the implied term of trust and confidence, as the respondent had reasonable and proper cause for each action and insufficient time to address the claimant's stress before she resigned.
Practical note
A series of management decisions causing employee stress will not amount to constructive dismissal where each action had reasonable and proper cause, even if procedurally imperfect, and where the employee did not formally object at each stage.
Legal authorities cited
Statutes
Case details
- Case number
- 1600268/2024
- Decision date
- 28 April 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Team Leader (Admissions Team)
- Service
- 3 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep