Mrs M Koneswaran v Future Academies — 2025

Mrs M Koneswaran resigned from her role as Head of Mathematics at The Grange Academy on 30 May 2024 after being told on 22 and 24 May 2024 that she would be placed on a performance improvement plan. She said the plan and the way it was imposed amounted to a repudiatory breach of contract. The tribunal found that the Respondent had been raising legitimate performance concerns about her leadership and teaching from the start of her tenure, including through Ms Hippolyte’s coaching, Department Quality of Education reports, and Ms Abbott’s mid-year appraisal review.

The tribunal accepted that the support plan was first discussed with the Claimant on 22 May 2024 and provided in document form after the meeting with Mr Bryant on 24 May 2024, but it rejected the contention that the plan was arbitrary, suspect, or influenced by financial considerations. It found that the Claimant had ample prior warnings, that the performance concerns were genuine, and that the Respondent was entitled to begin formal performance management when it did. Mr Bryant’s comments that she needed to be more assertive and that he expected more because of her pay were found to be references to management standards and performance expectations, not evidence of an improper purpose.

Applying the authorities it cited, including Woods v WM Car Services, Malik v BCCI, Buckland v Bournemouth University and Western Excavating v Sharp, the tribunal held that the Respondent’s conduct did not objectively destroy or seriously damage trust and confidence and did not amount to a fundamental breach. It found the Respondent had reasonable and proper cause for the conduct complained of. The tribunal therefore held that Ms Koneswaran was not constructively dismissed and dismissed the complaint. It added that, had it been necessary to decide causation and affirmation, it would have found that she resigned in response to the meeting of 24 May 2024 and had not affirmed the contract before resigning.