Learning support assistant's race and religion discrimination claims dismissed after tribunal finds evidence unreliable
A tribunal dismissed all claims of race and religion discrimination brought by a learning support assistant against Horndean Junior School, finding her evidence unreliable and the school's grievance process thorough.
1 min read · Last updated 18 May 2026
Case details
- #race-discrimination
- #religion-discrimination
- #unfair-dismissal-struck-out
- #credibility-findings
- #grievance-process
- #headteacher-allegations
Key facts
- The claimant was employed as a learning support assistant from 4 April 2022 to 22 January 2023.
- The claimant alleged the headteacher made numerous discriminatory comments about her race and religion.
- The tribunal found the claimant's evidence unreliable and preferred the respondent's witnesses.
- The claimant's unfair dismissal claim was struck out for lack of service.
- The grievance process was found to be thorough and unbiased.
- All discrimination and harassment claims were dismissed.
Timeline
-
Holiday request meeting
Claimant met with headteacher Miss Ackland to request additional leave for a family visit to Bangladesh. Miss Ackland granted two days but refused three.
-
School gate conversation
Miss Ackland spoke to claimant about alleged racist comments; claimant accepted there was no racism.
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Employment started
Claimant began work as a special educational needs and disability learning support assistant at Horndean Junior School.
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GP visit - enjoying new job
Claimant told her GP she was enjoying her new job.
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GP visit - mental health concerns
Claimant reported bullying and harassment at work, but tribunal found this related to previous employment.
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Church service incident
Claimant alleged Miss Ackland commented on her headscarf; tribunal found no such comment was made.
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Meeting with headteacher
Meeting to discuss a parent's complaint about unwanted contact. Claimant alleged multiple discriminatory remarks; tribunal found they did not occur.
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Meeting about concerns
Claimant raised concerns about staff treatment; Miss Ackland addressed them.
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Resignation
Claimant resigned citing discrimination.
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Exit interview with Mr Merefield
Claimant handed over a document detailing allegations; investigation began.
The legal issue
The tribunal had to decide whether the claimant was subjected to direct discrimination and harassment on grounds of race and religion, and whether the respondent's grievance process was biased.
The outcome
The tribunal dismissed all claims of direct discrimination and harassment on grounds of race and religion.
The key reason was that the tribunal found the claimant's evidence unreliable and preferred the evidence of the respondent's witnesses. The tribunal also found the grievance process to be thorough and unbiased.
No compensation was awarded as all claims were dismissed.
Lessons & takeaways
- Tribunals assess credibility carefully; inconsistent or unsupported allegations may be rejected.
- Length of service matters: employees with less than two years' service cannot claim ordinary unfair dismissal.
- A thorough and documented grievance process can help defend against claims of bias.
- Seek legal advice early if you believe you have been discriminated against, as evidence gathering is crucial.
This case shows how tribunals assess the credibility of allegations in discrimination claims. The claimant, a learning support assistant with 10 months' service, alleged that the headteacher made several discriminatory comments about her race and religion. However, the tribunal found her account of events to be unreliable, preferring the evidence of the school's witnesses.
What the tribunal considered
The tribunal examined each alleged incident, including a meeting about a parent complaint and a church service where the claimant claimed the headteacher commented on her headscarf. In each instance, the tribunal found the claimant's version of events unsupported by the evidence. The school's grievance process was also scrutinised and found to be thorough and unbiased.
Why the result matters
This case highlights the importance of credible evidence in discrimination claims. The tribunal's detailed findings show that unsubstantiated allegations, especially when contradicted by multiple witnesses, are unlikely to succeed. It also demonstrates that employees with less than two years' service cannot bring unfair dismissal claims, a key limitation to be aware of.
What could have been done differently
For the claimant, keeping a contemporaneous record of incidents and seeking legal advice earlier might have strengthened her case. For employers, the school's thorough grievance process and consistent witness accounts were crucial to their defence. This case serves as a reminder that tribunals will carefully weigh evidence and credibility before making findings of discrimination.
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