Claimant v City of Liverpool College
Outcome
Individual claims
The Tribunal found a course of conduct culminating in suspension on fabricated safeguarding grounds which cumulatively breached the implied term of trust and confidence. The claimants resigned in response to this breach without affirming the contract, and the respondent had no reasonable or proper cause for the breaches.
Mrs Dowd's claim under s.15 Equality Act 2010 failed because the Tribunal found the respondent's contact during sickness absence was a proportionate means of achieving the legitimate aim of ensuring continued running of the Digital Academy, especially as Mrs Dowd had volunteered to take on extra work.
Mrs Dowd's harassment claim failed because the Tribunal found it was not reasonable for the contact from Ms Schofield to have the effect of harassment, given that Mrs Dowd had volunteered to carry out extra duties and led Ms Schofield to understand she was able to take on work.
Facts
Both claimants were senior managers at the respondent's Digital Academy. They allege the principal, Ms Bowker, gave preferential treatment to her child (X) who studied at the Academy from 2019, including individualised timetables and ad-hoc instructions to check on X. No formal assessment of X's needs was carried out. In autumn 2021, staffing difficulties arose and Ms Bowker complained about X's experience, prompting a senior leadership investigation. Both claimants were suspended on 19 January 2022 on grounds including alleged safeguarding concerns. HR offered them clean references if they resigned within 24 hours, which both did. Ms Doyle had already accepted another job offer days earlier but had not yet resigned.
Decision
The Tribunal found that the respondent's conduct, particularly the suspension on fabricated safeguarding grounds coupled with the immediate offer of clean references if the claimants resigned, was a fundamental breach of trust and confidence. The preferential treatment given to X and pressure placed on the claimants to accommodate him formed part of a cumulative course of conduct. Both constructive dismissal claims succeeded. Mrs Dowd's disability discrimination claims failed as the respondent's contact during sickness absence was proportionate and Mrs Dowd had volunteered to take on work.
Practical note
Suspending employees on serious allegations such as safeguarding concerns, then immediately offering clean references if they resign before investigation, will almost certainly constitute a fundamental breach of trust and confidence entitling employees to resign and claim constructive dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 2402751/2022
- Decision date
- 20 February 2025
- Hearing type
- full merits
- Hearing days
- 13
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Head of Digital Academy (Ms Doyle) and Deputy Head of Digital Academy (Mrs Dowd)
Claimant representation
- Represented
- No