Ms Louise Johnston v Inverclyde Council — 2022

The claimant resigned from her role as PEF Finance Officer and relied on the email of 27 June 2017 about PEF teaching posts as the final straw. She alleged that the email required her to participate in a process contrary to the Pupil Equity Funding scheme and that earlier events, including work outside her remit, conflict with colleagues, and lack of support, formed a cumulative breach of trust and confidence.

The tribunal found that the claimant had faced pressures in June 2017 and that lines of responsibility around the new PEF role were blurred. It accepted that some closer management of workload might have been possible, but found that the claimant often took on tasks without complaint and did not give the respondent an opportunity to address her concerns before resigning.

The tribunal rejected the claimant's interpretation of the 27 June 2017 email. It found that the respondent's approach to using core funding for teachers until the October break was a legitimate response to pupil-teacher ratio requirements, and that the claimant's belief that there had been manipulation or improper use of funds was misconceived. The email was held to be a legitimate act and could not be the final straw.

The tribunal also found that other matters relied on by the claimant either were not in her mind when she resigned, had been affirmed, were not made out on the evidence, or did not amount to a repudiatory breach. It concluded that the respondent had not acted in a manner calculated or likely to destroy or seriously damage trust and confidence, and the claim failed.