Teaching assistant with disabilities loses discrimination claims against school
A teaching assistant with Type 1 diabetes, Ehlers-Danlos Syndrome and fibromyalgia had all her disability discrimination and victimisation claims against Meadowfield School dismissed by the tribunal.
1 min read · Last updated 18 May 2026
Case details
- #disability-discrimination
- #type-1-diabetes
- #ehlers-danlos-syndrome
- #fibromyalgia
- #mobility-difficulties
- #classroom-assignment
- #reference
Key facts
- The claimant was employed as a teaching assistant at a special school from 25 August 2021 until her dismissal on 5 October 2021.
- The claimant had Type 1 diabetes, Ehlers-Danlos Syndrome, and Fibromyalgia, which were conceded as disabilities.
- The claimant requested adjustments including no outdoor duties, which she later withdrew after a phone call with HR.
- The claimant was assigned to a classroom that was one of the furthest from the reception area.
- The claimant was dismissed following an incident where she was alleged to have handled a pupil inappropriately.
- The respondent issued a reference stating the reasons for dismissal and other concerns.
Timeline
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Conditional offer of employment
Meadowfield School made a conditional offer of employment to the claimant as a teaching assistant.
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Phone call with HR manager
HR manager Kate Trevor called the claimant to discuss adjustments; the claimant withdrew her request for no outdoor duties.
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Employment confirmed
The respondent confirmed the claimant's employment by letter.
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Induction training
The claimant underwent induction training and commenced duties shortly after.
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Incident and dismissal
A pupil accidentally dislocated the claimant's kneecap. Later, a teaching assistant reported the claimant for inappropriate handling of a pupil. The claimant was dismissed that day.
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Dismissal confirmed in writing
Principal Jill Palmer sent a letter confirming dismissal, citing inappropriate handling, timekeeping, absence, and failure to follow procedures.
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Claimant commenced proceedings
The claimant filed a claim with the employment tribunal.
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Preliminary hearing
Employment Judge Ferguson struck out the unfair dismissal claim due to insufficient service; the claimant withdrew the notice pay claim.
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Substantive hearing began
The tribunal heard evidence over five days on the disability discrimination and victimisation claims.
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Judgment given
Employment Judge Pritchard dismissed all claims.
The legal issue
The tribunal had to decide whether Meadowfield School directly discriminated against the teaching assistant because of her disabilities, discriminated against her for something arising from disability, failed to make reasonable adjustments, or victimised her for bringing proceedings.
The outcome
The tribunal dismissed all claims of disability discrimination and victimisation.
Key reasons:
- The phone call on 21 July 2021 was a reasonable discussion about adjustments, not pressure to resign or drop requests.
- The classroom assignment was not because of disability; the school had legitimate operational reasons.
- The dismissal was due to the incident of inappropriate handling, not disability, and the reference was accurate.
- The victimisation claim failed because the reference was not a detriment and the school's actions were not connected to the claimant's earlier proceedings.
No compensation was awarded as all claims failed.
Lessons & takeaways
- Employees with less than two years' service cannot claim unfair dismissal, but can still bring discrimination claims.
- A reasonable discussion about adjustments—even if it leads to a withdrawal of requests—is not necessarily discriminatory.
- Employers can assign classrooms or duties based on operational needs, as long as disability is not the reason.
- Accurate references that include reasons for dismissal are unlikely to be victimisation, even if the employee has brought a claim.
This case shows the limits of disability protection when an employee has a short service period and the employer's actions are based on genuine operational or conduct concerns. The teaching assistant, who had less than two years' service, was unable to bring an unfair dismissal claim but pursued discrimination claims instead.
What the tribunal considered
The tribunal examined four key events: a phone call where the HR manager discussed adjustments, the assignment of a classroom far from the reception area, the dismissal following an incident of alleged inappropriate handling of a pupil, and the reference given to a prospective employer. In each instance, the tribunal found no evidence that disability played a role.
The phone call was seen as a reasonable attempt to understand the claimant's needs, not pressure. The classroom assignment was based on timetabling and the need for cover, not the claimant's disabilities. The dismissal was triggered by a specific incident, and the reference accurately reflected the school's concerns.
What the school did right
Meadowfield School had conceded that the claimant was disabled and had engaged with her about adjustments. The HR manager's call, while perhaps uncomfortable, was not found to be coercive. The school also had a legitimate basis for the classroom allocation and the dismissal decision.
Why the result matters
This case reinforces that employers can make difficult decisions about conduct and operations without automatically being liable for discrimination, provided they do not act because of disability. It also highlights that references can include reasons for dismissal without amounting to victimisation, as long as they are truthful and not motivated by the employee's protected acts.
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