Mrs T Stevens v The Governing Body of Holy Cross Church of England Primary School — 2019

Mrs T Stevens worked for Holy Cross Church of England Primary School as bursar from 23 April 2018. In late October 2018 the Head Teacher arranged a search of her internet usage after concerns about how she was spending her time, and the report suggested extensive use of non-work-related websites. The tribunal found that the school acted reasonably in arranging an investigation meeting on 9 November and that the letter inviting her to the meeting did not indicate any concluded view and referred her to the right to be accompanied and to counselling support.

The central dispute was what was said at an impromptu meeting on 2 November 2018 after the claimant became upset on receiving the invitation letter. The claimant said she was told her dismissal was the probable, and then certain, outcome of the process and that she took this as an encouragement to resign. The Head Teacher denied saying that dismissal was certain, and the School Secretary, who was nearby, supported that account by saying she heard the Head Teacher repeatedly say that she did not know what would happen and that it would all be discussed at the meeting. The tribunal preferred the respondent's evidence and found that the claimant was not told she would be dismissed.

On that basis, the tribunal held that the claimant resigned because she read the invitation letter as meaning her job was at risk, not because the respondent had committed any repudiatory breach. At the point of resignation, the outcome of the investigation and any disciplinary process was still unknown, and the tribunal found that there had been no breach of the implied term of trust and confidence, fundamental or otherwise. The claim for constructive unfair dismissal was therefore dismissed.