In person For the v Respondent — 2019

Miss Jennifer Eden worked as a teacher at St Uny School from 1 September 2015 and her employment transferred to Aspire Academy Trust when the school became an academy on 1 August 2016. The tribunal accepted that she raised concerns about Child A, whose behaviour was challenging, and that from March and June 2017 she sought support, training, and advice. It found that the respondent responded by increasing classroom support, completing a risk assessment, obtaining an Educational Psychologist report, and involving outside agencies, and that it was entitled to refuse her attendance at Child in Need meetings until the local authority later confirmed she could attend.

The tribunal also found a series of conduct and performance issues during 2017 and early 2018, including comments to the School Council, late gate duty, the March 2017 disagreement with Miss Lamb, the handling of phonics papers, and concerns about phonics results and professional relationships. It accepted that some matters were handled informally and that there was no formal appraisal, but held that the respondent had reasonable and proper cause to raise these issues. It found the support plan introduced in autumn 2017 was an informal support measure rather than intimidation or harassment, and rejected the claimant's suggestion that the typed version was dishonestly fabricated.

Applying section 95(1)(c) and section 98(4) of the Employment Rights Act 1996 and the constructive dismissal authorities it cited, including Western Excavating, Malik, Omilaju and Buckland, the tribunal held that the respondent had not committed a fundamental breach of contract or breached the implied term of trust and confidence. It noted that the 8 February 2018 meeting email could have been more helpful, but found that this did not amount to repudiatory conduct. Because there was no fundamental breach, the claimant's resignation could not be treated as a dismissal, and the unfair dismissal claim was dismissed.