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Teaching Assistant awarded £111,000 after being dismissed and discriminated against
Chattertons acted for the Claimant, Mrs Sisson, in her Employment Tribunal case. The Claimant was a Teaching Assistant and suffered severe anxiety amounting to a disability.
The Claimant's employment terminated after the school alleged that she had unsafely left a child alone in a classroom. On the dates in question a supply teacher was covering. The class teacher had instructed the supply teacher to manage a child who tended to run out of the classroom and needed bringing back into the classroom before the other children after breaktime. Unfortunately, the supply teacher did not do this on two occasions and so the Claimant was left to do this task. The Claimant felt anxious about the child running out of the classroom and closed the door to prevent this, leaving the child alone in the classroom for a short time. Something similar occurred on the next working day, however it was unclear from the evidence what had occurred. The Tribunal found that the disciplinary investigation was flawed because no attempt had been made to interview the supply teacher whose evidence would have been very important. The dismissing panel did not place weight on the Claimant's poor mental health and Occupational Health were not asked about this. As such the dismissal was unfair.
Moreover, the incident was deemed to have arisen from the Claimant's disability. Her anxiety had been a pertinent factor in the incident. The employer's failure to seek Occupational Health advice and to investigate the incident thoroughly made it difficult for the employer to show that dismissal was justified under the Equality Act 2010 and the Claimant's case succeeded. The employer also failed to make reasonable adjustments by not undertaking a stress risk assessment or refraining from disciplinary action. As such the employer was liable for disability discrimination.
The case proceeded to a Remedy Hearing and the Claimant was awarded the sum of £111,108.27.
It is important that employers understand their obligations under the Equality Act 2010. Had the employer obtained Occupational Health advice the outcome of this case could have been very different. Our experienced team of lawyers can guide you through a disciplinary process from start to finish, advising on any risks arising under the Equality Act 2010.
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