Mr R Sweeney-Clements v London Borough of Redbridge — 2021

The tribunal found that the respondent made substantial changes to the claimant’s role in June 2019 without prior consultation, including ending his retention allowance, removing him from assessment work, expecting him to cover classes despite his lack of teaching qualification and classroom management experience, and proposing to remove the ICT suite that formed a central part of his role. The tribunal held that these steps, and the way they were implemented, breached the implied term of trust and confidence.

The tribunal also found that while the claimant was absent with stress, the respondent deliberately removed his access to the school server, emails and external IT contact functions without consulting or informing him, and without evidence that he had acted improperly. It held that this communicated a lack of trust and further undermined the employment relationship.

On 3 October 2019, the claimant learned that his confidential grievance and related personal information had been passed to an external third party without consultation or notice. The tribunal found that this contributed to the existing course of conduct and was the final straw. Because the claimant resigned the same day in response, and had not affirmed the contract, the tribunal held that he had been constructively and therefore unfairly dismissed. Remedy was left to a later hearing.