Mr Webster resigned from Woodhouse School and claimed constructive unfair dismissal. He said that the School had instructed him to dismiss Ms Ward, a deaf member of staff, during her probationary period. Apparently Mr Moore, the Head, wanted her dismissed in case she might bring a disability discrimination claim. Clearly, giving such an instruction would be a fundamental breach of contract by the School and Mr Webster's claim would succeed. However although Mr Webster insisted that this is what he was instructed, Mr Moore denied it was ever said.