constructive dismissal

[Sami_25]

Hi all,

I’d appreciate advice on whether I have grounds for a constructive dismissal claim after my employer withdrew a core employment benefit. Here’s the situation:

Key Facts
Employment Context:

Worked for a private school under a formal Staff Discount Policy (50% fee reduction for staff children).

Policy states the discount aims to “attract and retain staff” and applies as long as employed directly by the school.

Breach:

My department was outsourced to a third-party company, and the school announced the discount would end after a 1-year “grace period.”

My child will be mid-GCSEs when the discount stops, forcing me to either withdraw them or pay unaffordable fees.

My Response:

Resigned, arguing this was a fundamental breach of contract (removal of a material term of employment).

Employer may claim the 1-year extension was “reasonable,” but the policy implies the benefit was permanent.

Questions
Claim Strength:

Is this likely constructive dismissal, given the policy’s wording and the timing (disrupting GCSE studies)?

Does the temporary extension weaken my case?

Evidence:

I have the written policy, emails confirming the discount, and resignation correspondence. Is this enough?

Next Steps:

Should I proceed with ACAS Early Conciliation or file an ET1 immediately?

Any recommendations for employment solicitors experienced in similar outsourcing/benefit withdrawal cases?

Grateful for any advice—thanks in advance!

[ULA]

In order to be able to advise you I will need further information:

1. Was the staff discount on school fees a contractual entitlement i.e. is their a clause regarding this in your contract of employment? If so please can you post this up.
2. Were you moved under TUPE arrangements to the outsourced 3rd party provider?
3. When was your department outsourced?
4. Was this removal after a grace period set out as one of the intended measures as part of TUPE?
5. Has this measure been applied to all staff in your department who transferred?
6. Can you confirm that the outsourced company was your new employer not the school?
7. If the arrangements for staff discounts in fee were only set out in a policy document, was this stated as being "contractual" or "non-contractual"?
8. What provisions in the policy were there for making any changes to the policy?
9. When did your employment end?
10. Did you raise a grievance and go through an appeal procedure prior to resigning?

In an event you need to proceed with ACAS Early Conciliation (EC) as you will need an ACAS EC number for completing any ET1 claim.

[Sami_25]

Hi there, sorry for the long delay!

Here are my answers:
1. Was the staff discount on school fees a contractual entitlement i.e. is their a clause regarding this in your contract of employment? If so please can you post this up. -
It was not in my contract however it is an entitlement that every employee can use. I have a document stating it is for staff.
2. Were you moved under TUPE arrangements to the outsourced 3rd party provider?
Yes
3. When was your department outsourced?
June 2025
4. Was this removal after a grace period set out as one of the intended measures as part of TUPE?
I was informed of it by the school before TUPE however I was only told 3 weeks before the cut off time to give a terms notice which they require for removal of children from the school
5. Has this measure been applied to all staff in your department who transferred?
Yes
6. Can you confirm that the outsourced company was your new employer not the school?
Yes
7. If the arrangements for staff discounts in fee were only set out in a policy document, was this stated as being "contractual" or "non-contractual"?
It doesn't say although it does have these statements in the document - "This policy and procedure is applicable to at all staff with
a child or children" at the school. "The member of staff being employed by" the school "on a contract lasting for a period of at least
1 full school term. Those not eligible for the staff discount include, peripatetic, agency, or
directly employed supply staff, or those on zero hours’ contracts."
8. What provisions in the policy were there for making any changes to the policy?
An extension of one year to the discount
9. When did your employment end?
I am still employed but looking to resign soon
10. Did you raise a grievance and go through an appeal procedure prior to resigning?
Yes, it took my new employer 2 months to come back with an outcome and my grievance was outright rejected

[atticus]

I see that you first raised the question 2 months ago, and that this is about events 3 months ago.

Constructive dismissal claims are generally only successful when the resignation is a prompt (if not immediate) response to a breach of contract by the employer. Delay can be fatal to a claim.

ULA may have more to add.

[Sami_25]

I put in a grievance and was waiting for them to respond. It took them 2 months. I did state that I was working under protest the entire time and have been off work with stress due to this delay and changes to my contract

[ULA]

What date did you end your employment? That is the really important date in terms of the time limit for making an employment tribunal claim.

As I stated in post #2 "In an event you need to proceed with ACAS Early Conciliation (EC) as you will need an ACAS EC number for completing any ET1 claim."