Remitted Employment Tribunal · 12 December 2023

Supply teacher wins right to add victimisation claim against school

A tribunal allowed a supply teacher to amend her disability discrimination claim to include victimisation, and later granted an anonymity order after initially refusing it.

1 min read · Last updated 19 May 2026

Case details

Key facts

  • The claimant was engaged as a supply teacher from 1 January 2022 to 28 January 2022.
  • The respondent conceded the claimant is a worker for discrimination purposes but not an employee.
  • The claimant's application to amend her claim to include victimisation was granted.
  • The claimant's application for an anonymity order was initially refused but later granted on reconsideration.
  • The claimant's application to add Ms Bal as a respondent was refused.
  • The claimant's application to strike out the respondent's defence was refused.

Timeline

  1. Engagement started

    Claimant began working as a supply teacher for the respondent.

  2. Engagement ended

    Claimant's engagement as a supply teacher ended.

  3. Grievance lodged

    Claimant submitted a grievance, which is the protected act for victimisation.

  4. Claim presented

    Claimant presented her claim form to the tribunal.

  5. First preliminary hearing

    Preliminary hearing where claimant raised victimisation amendment and anonymity order.

  6. Amendment application

    Claimant provided written particulars for victimisation amendment.

  7. Preliminary hearing

    Hearing before EJ Galbraith-Marten; amendment granted, anonymity refused.

  8. Written reasons sent

    Written reasons for the 1 June 2023 judgment were sent to parties.

  9. Reconsideration application

    Claimant applied for reconsideration of anonymity order refusal.

  10. Reconsideration granted

    EJ Galbraith-Marten granted reconsideration and issued anonymity order.

  11. Preliminary hearing

    Hearing before EJ Emery; applications to add respondent and strike out refused.

  12. Judgment sent

    Record of preliminary hearing sent to parties.

The outcome

The tribunal allowed the supply teacher to amend her claim to include victimisation, based on her grievance as a protected act and three alleged detriments. It initially refused an anonymity order but later granted one on reconsideration. Applications to add a respondent and to strike out the school's defence were refused.

Lessons & takeaways

  • If you experience a detriment after raising a grievance, you may have a victimisation claim that can be added to an existing case.
  • Anonymity orders are not automatic; you must show a real risk of harm or prejudice to your interests.
  • Preliminary hearings can resolve multiple procedural issues before the final hearing, saving time and costs.
  • Even if you are a worker rather than an employee, you can still bring discrimination claims under the Equality Act 2010.

A procedural win for a supply teacher

This case shows how preliminary hearings can shape the direction of a discrimination claim. The supply teacher, who worked for just 28 days at Ravenscroft Park Preparatory School, had already brought claims for disability discrimination. She then sought to add a victimisation claim, arguing that the school treated her unfairly after she raised a grievance.

The tribunal allowed the amendment, meaning the victimisation allegations will be considered alongside the original claims. This is a significant procedural victory: it allows the teacher to present a fuller picture of alleged mistreatment, including the school's response to her grievance.

Anonymity granted on reconsideration

Initially, the tribunal refused the teacher's request for an anonymity order, which would prevent her name from being published. However, on reconsideration, the judge changed course and granted the order. This highlights that tribunals can revisit decisions if new arguments or evidence are presented.

For individuals bringing sensitive claims, this demonstrates that persistence can pay off. The school's application to strike out the claim was refused, and an attempt to add a school employee as a separate respondent also failed.

What this means for similar claims

The case underscores that even short-term workers can pursue discrimination claims. The school conceded the teacher was a 'worker' for discrimination purposes, which is a lower threshold than 'employee'. This is a reminder that employment status is not always a barrier to bringing a claim under the Equality Act 2010.

For anyone considering a similar case, the key takeaway is that procedural applications—like amendments and anonymity orders—can be complex but are worth pursuing with proper legal advice. The case also shows that tribunals will carefully manage cases to ensure all relevant issues are heard.

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