Claimant v Meadowhead School Academy Trust
Outcome
Individual claims
The tribunal found that the claimant resigned because he had accepted a job offer on 17 July 2023, not in response to any breach of contract. The tribunal concluded the claimant had decided to leave before receiving the objectionable timetable on 19 July, as evidenced by emails he sent to colleagues saying he was leaving and excited about his new role. The claimant did not resign in response to the breach, so there was no constructive dismissal.
The tribunal found the claimant was not placed at a substantial disadvantage by ISR duties, as he could stand, walk around, and take micro-breaks during ISR supervision. As to on-call duties, the respondent removed all on-call duties in January 2023 after learning the claimant had difficulty with stairs, fulfilling its duty to make reasonable adjustments. The claim was also partly out of time and the tribunal declined to extend time on just and equitable grounds.
The claimant withdrew the victimisation claim on the third day of the hearing after he had given evidence.
Facts
The claimant, a former military serviceman with knee and back injuries, worked for a large secondary school in Sheffield. He was appointed Alternative Provision Co-ordinator in September 2022 with a role that included Forest School and Duke of Edinburgh programmes, but also internal seclusion room (ISR) and on-call behaviour management duties. After disclosing his disability in November 2022, the respondent made adjustments including removing on-call duties, providing ergonomic chairs, and allowing micro-breaks. The claimant remained dissatisfied with the adjustments and applied for other jobs from January 2023. He accepted a job offer on 17 July 2023 and received a new timetable on 19 July with significantly increased ISR and on-call duties. He resigned on 3 September 2023.
Decision
The tribunal dismissed all claims. The reasonable adjustments claim failed because the claimant was not placed at substantial disadvantage by ISR duties (he could stand and walk around the room) and the respondent had removed on-call duties after learning of his knee difficulties with stairs. The claim was also partly out of time. The constructive dismissal claim failed because the tribunal found the claimant resigned to take up a new job offer, not in response to any breach of contract. Evidence from emails showed he had decided to leave before receiving the objectionable timetable.
Practical note
Even where an employer commits a breach of the implied term of trust and confidence, a constructive dismissal claim will fail if the employee resigned for reasons unrelated to the breach, such as accepting a job offer elsewhere.
Legal authorities cited
Statutes
Case details
- Case number
- 1807889/2023
- Decision date
- 5 July 2024
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Alternative Provision Co-ordinator, Duke of Edinburgh and Forest School programme leader
- Service
- 2 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister