Agency teacher's discrimination claims over safeguarding allegation dismissed
An agency teacher who claimed sex and race discrimination after a parental allegation about his conduct during a PE lesson has had all his claims rejected by the Birmingham Employment Tribunal.
1 min read · Last updated 18 May 2026
Case details
- #agency-teacher
- #safeguarding-allegation
- #initial-consideration
- #lado-referral
- #whistleblowing-detriment
- #time-limits
Key facts
- The claimant was a Black British male agency teacher at a school operated by the third respondent.
- On 17 November 2020, the first respondent received a parental allegation that the claimant had taught with an erection during a PE lesson.
- The first respondent conducted an initial consideration and referred the matter to the LADO, who advised the agency to investigate.
- The agency investigated and concluded the allegations were unsubstantiated.
- The claimant's claims of sex and race discrimination, harassment, and whistleblowing detriment were all dismissed.
Timeline
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PE lesson at leisure centre
The claimant assisted in a PE lesson for year 8 girls. No issues reported by staff at the time.
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Parental allegation received
The first respondent received a phone call from a parent alleging the claimant had taught with an erection during the PE lesson.
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Initial consideration begins
The first respondent started gathering information, spoke to staff, and arranged for children to be interviewed.
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Claimant told not to attend school
The agency informed the claimant not to attend work. The first respondent referred the matter to the LADO.
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Claimant's written response
The claimant sent a detailed email to the agency denying the allegations and mentioning a stuffy classroom.
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Agency investigation meeting
The agency met with the claimant via video conference.
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Agency concludes investigation
The agency sent a letter stating the allegations were unsubstantiated and the matter was closed.
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Claim form submitted
The claimant submitted his claim to the Employment Tribunal.
The legal issue
The tribunal had to decide whether the school and its staff discriminated against the teacher on grounds of race or sex, harassed him, or subjected him to a detriment for making a protected disclosure, when they investigated a parental allegation and referred it to the Local Authority Designated Officer (LADO).
The outcome
The tribunal dismissed all claims against the school and its staff.
- The tribunal found that the school's initial consideration of the allegation was appropriate and that referring the matter to the LADO was a standard safeguarding procedure.
- The teacher's complaint about a stuffy classroom was not a protected disclosure because it did not relate to a legal obligation or danger to health and safety.
- The claims were also out of time, as the alleged acts occurred in November 2020 and the claim was not submitted until March 2021, without a reasonable explanation for the delay.
Lessons & takeaways
- Safeguarding allegations must be taken seriously, and schools are expected to follow proper procedures, including referral to the LADO, without delay.
- A complaint about a stuffy classroom is unlikely to amount to a protected disclosure for whistleblowing purposes unless it specifically relates to a breach of health and safety law.
- Employment tribunal claims for discrimination must be brought within three months of the alleged act; delays are rarely excused unless there are exceptional circumstances.
- Agency workers should be aware that their claims may be against the agency rather than the school, depending on who employed them.
What this case shows in practice
This case highlights the challenges faced by agency teachers when safeguarding allegations arise. The teacher, a Black British male, was removed from the school after a parent alleged he had taught with an erection during a PE lesson. The school conducted an initial investigation and referred the matter to the LADO, as required by safeguarding guidelines. The agency later concluded the allegations were unsubstantiated, but the teacher felt the process was biased and discriminatory.
The tribunal, however, found that the school's actions were reasonable and proportionate. The headteacher had a duty to act on the allegation and followed standard procedures. The teacher's claims of sex and race discrimination, harassment, and whistleblowing detriment were all dismissed.
What the losing side could have done differently
The teacher represented himself and argued that the school should have checked the credibility of the allegation more thoroughly before escalating it. However, the tribunal noted that safeguarding procedures require immediate action to protect children, even if allegations later prove unfounded. The teacher also claimed that mentioning a stuffy classroom in his email to the agency was a protected disclosure, but the tribunal disagreed, as it did not relate to a specific health and safety breach.
Why the result matters for similar claims
This decision reinforces that schools must prioritise safeguarding over concerns about discrimination claims. It also clarifies that not every complaint about working conditions amounts to a protected disclosure. For agency workers, it is important to understand that the school may not be their employer, and claims should be directed appropriately. The time limits for bringing discrimination claims are strict, and delays are rarely excused.
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