Mr Phillip Cortail v London Borough of Newham — 2021

The Tribunal accepted the Claimant's evidence that, when he was appointed as Site Supervisor, he had agreed an arrangement with the previous headteacher under which he performed limited morning duties and undertook building work for the school at overtime rates during school holidays, while being able to take blocks of annual leave during term time. The Tribunal found that the Respondent's own evidence supported the existence and operation of that arrangement.

After a new headteacher took over, the Respondent sought to change the Claimant's duties and annual leave arrangements. The Tribunal found that the Claimant did not agree to those changes and made his disagreement clear. The Respondent then took disciplinary steps relating to his refusal to take leave as directed and began re-evaluating his role with a view to a lower grade.

The Tribunal found that taking disciplinary action and pursuing re-evaluation of the role in those circumstances was a significant breach going to the root of the contract and also breached the implied term of trust and confidence. The Claimant resigned in response to that breach, so his claim for constructive dismissal succeeded. Remedy was left to a later hearing.