Teaching assistant dismissed for using prohibited restraint technique: tribunal upholds decision
A teaching assistant who pulled a young person's hood and took them to the floor in a ground hold was fairly dismissed for misconduct, the tribunal has ruled. The claim for race discrimination also failed.
1 min read · Last updated 19 May 2026
Case details
- #teaching-assistant
- #team-teach-training
- #physical-restraint
- #race-discrimination
- #misconduct-dismissal
- #safeguarding
Key facts
- The claimant was employed as a Teaching Assistant from 23 April 2019 to 30 November 2021.
- On 6 May 2021, the claimant restrained a young person by pulling their hood and taking them to the floor in a hold.
- The respondent's Team Teach training prohibits taking a child to the floor or initiating a ground hold.
- The claimant admitted to the actions but argued they were reasonable due to the young person's heightened state and risk of accessing knives.
- The respondent dismissed the claimant for misconduct, finding his actions outside of training and not justified.
- The claimant's complaints of unfair dismissal and direct race discrimination were dismissed by the tribunal.
Timeline
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Employment commenced
The claimant started working for the respondent as a Teaching Assistant.
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Signed Behaviour Policy
The claimant signed to confirm he had read and understood the respondent's Behaviour Policy, which includes Team Teach training requirements.
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Incident with young person
The claimant restrained a young person by pulling their hood from behind and taking them to the floor in a hold. The young person had been racially abusing the claimant.
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Suspension
The claimant was suspended on full pay pending investigation.
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Investigation invite
The claimant was invited to an investigation meeting regarding the allegations of breaching safeguarding rules.
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Investigation meeting
The claimant attended an investigation meeting with Sarah Walton, where he provided a written statement and answered questions.
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Disciplinary invite
The claimant was invited to a disciplinary hearing for using an untrained Team Teach technique and pulling the young person's hood.
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Disciplinary hearing
The disciplinary hearing was held, chaired by Lisa Litt. The claimant was accompanied by a trade union representative.
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Dismissal
The claimant was dismissed with immediate effect for misconduct.
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Appeal hearing
The claimant's appeal against dismissal was heard by Ray Challoner and not upheld.
The legal issue
The tribunal had to decide whether the dismissal for misconduct was fair and whether the claimant had been subjected to direct race discrimination when he was disciplined and dismissed after restraining a young person who had racially abused him.
The outcome
The tribunal dismissed both complaints.
The key reasons were:
- The claimant admitted using a Team Teach technique that he knew was prohibited (taking a child to the floor in a ground hold).
- The employer had a genuine belief in misconduct based on a reasonable investigation.
- Dismissal was within the range of reasonable responses for a breach of safeguarding policy.
- The race discrimination claim failed because the claimant could not show that a hypothetical comparator of a different race would have been treated differently.
No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- Employers can fairly dismiss for breach of a clear, known policy even if the employee believed their actions were justified in the circumstances.
- A thorough investigation and disciplinary process, including an appeal, helps demonstrate a fair dismissal.
- Race discrimination claims require evidence of less favourable treatment compared to someone of a different race in similar circumstances.
- Admitting the conduct but arguing justification is unlikely to succeed if the policy is clear and the employer's response is reasonable.
When following policy means following the rules
This case shows that even when an employee believes they are acting in the best interests of a vulnerable person, a clear policy breach can justify dismissal. The teaching assistant had signed to confirm he understood the Team Teach training, which prohibited taking a child to the floor or initiating a ground hold. Despite the young person racially abusing him and being in a heightened state, the tribunal accepted that the employer was entitled to treat the breach as serious misconduct.
What the employer did right
The respondent followed a proper process: suspension, investigation, disciplinary hearing with representation, and an appeal. The decision-maker considered the claimant's explanation but concluded that the prohibited technique was not justified. The tribunal noted that the employer's belief in misconduct was reasonable and that dismissal fell within the range of reasonable responses for a safeguarding breach.
Why the discrimination claim failed
The claimant argued that a white colleague had received different treatment for a similar incident. However, the tribunal found no evidence that the colleague's situation was truly comparable. The claimant could not show that his race was a factor in the decision to dismiss. This highlights the difficulty of proving direct discrimination without a valid comparator.
What this means for similar claims
Employees in regulated settings like schools and care homes must follow training and policies strictly, even in stressful situations. Employers should ensure that disciplinary processes are thorough and consistent. For claimants, admitting the conduct while arguing justification is a high-risk strategy unless the policy itself is unreasonable or the employer's response is disproportionate.
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