Teaching assistant loses race discrimination claims over rota change and flexible working refusal
A teaching assistant who alleged five incidents of race discrimination and harassment by her head teacher has lost her claims, with the tribunal finding the school acted for genuine operational reasons.
1 min read · Last updated 18 May 2026
Case details
- #race-discrimination
- #teaching-assistant
- #rota-change
- #flexible-working-refusal
- #safeguarding
- #social-media-enquiry
Key facts
- The claimant was employed as a teaching assistant from 7 August 2019 until her resignation on 25 July 2022.
- The claimant made five allegations of race discrimination and/or harassment against the head teacher.
- The rota change in January 2021 was temporary and due to operational needs.
- The head teacher entered the room during a remote court hearing to check on timing for break cover.
- The head teacher enquired about a WhatsApp status update after the claimant was off sick.
- The flexible working request was refused for genuine operational reasons.
Timeline
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Employment started
Claimant began working as a teaching assistant at St Chad's Primary School.
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Rota change
The head teacher changed the claimant's playtime rota to five days a week temporarily.
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Remote court hearing
Claimant attended a remote court hearing for her brother; head teacher entered room to check timing.
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WhatsApp enquiry
Claimant was off sick; head teacher enquired about a WhatsApp status update showing a video on a bus.
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Flexible working request
Claimant applied to change working days to attend university.
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Flexible working refusal
Respondent refused the flexible working request, citing operational reasons.
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CPOMS incident
Claimant was asked to record a child protection incident she did not witness.
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Sick leave started
Claimant went on sick leave until her resignation.
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Claim presented
Claimant presented her claim to the tribunal before resigning.
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Resignation
Claimant resigned from her employment.
The legal issue
The tribunal had to decide whether five specific incidents in 2021—including a temporary rota change, an interruption during a remote court hearing, an enquiry about a WhatsApp status, a request to record a child protection incident, and a refusal of flexible working—amounted to race discrimination or harassment.
The outcome
The tribunal dismissed the claim in full, finding no evidence that the head teacher's actions were motivated by the claimant's race.
- The rota change was temporary and due to operational needs.
- The head teacher entered the room during the remote hearing only to check timing for break cover.
- The WhatsApp enquiry was a legitimate welfare check during sickness absence.
- The request to record a child protection incident was a reasonable management instruction.
- The flexible working refusal was based on genuine operational reasons.
No compensation was awarded as the claims were unsuccessful.
Lessons & takeaways
- Employers can make temporary operational changes without it being discriminatory, provided the reason is genuine and not linked to a protected characteristic.
- A manager's enquiry about an employee's social media activity during sickness absence may be a legitimate welfare check, not harassment.
- Refusing a flexible working request for genuine operational reasons will not amount to discrimination if the same decision would have been made for any employee.
- Claimants bringing discrimination claims must show that the treatment was 'because of' a protected characteristic—mere unfairness is not enough.
What this case shows in practice
A teaching assistant with three years' service brought five allegations of race discrimination and harassment against her head teacher, covering a range of workplace interactions over several months. The tribunal examined each incident in detail and found that none were linked to her race.
The case illustrates how a series of perceived slights—a rota change, an interruption during a remote hearing, a welfare check via WhatsApp, a safeguarding instruction, and a refused flexible working request—can feel like discrimination to an employee but may be explained by legitimate management reasons.
What the school did right
Emmaus Catholic Academy Trust was able to provide clear operational justifications for each decision. The rota change was temporary and needed to cover breaks. The head teacher's entry during the remote hearing was brief and related to timing. The WhatsApp enquiry was a reasonable check on an employee who was off sick. The flexible working refusal was based on the impact on pupils and staffing.
The school also had professional legal representation, while the claimant represented herself—a significant disadvantage in a complex discrimination case.
Why the result matters
This case is a reminder that discrimination claims require evidence that a protected characteristic was the reason for the treatment, not just that the employee felt unfairly treated. Tribunals will look for a causal link, and where a respondent can show a genuine non-discriminatory explanation, the claim will fail.
For employees considering similar claims, it highlights the importance of gathering evidence that directly links the treatment to race—and of understanding that not every unfair or insensitive act amounts to unlawful discrimination.
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