Black teaching assistant victimised, tribunal finds

A BLACK teaching assistant has won £17,000 after she was banned from working from home during the pandemic while her white colleague was allowed to.

Abi Balogun told school bosses she had to “do what’s right for my family” and stay at home as her young son was being treated for cancer and vulnerable.

When the school’s deputy head Emmy Alcock ordered her to attend and threatened her with no pay, Ms Balogun questioned why a white, less-qualified assistant was given permission to work from home.

But just an hour after the complaint, Ms Alcock terminated Ms Balogun’s contract with Cubitt Town Infants’ School in the Isle of Dogs, London.

Now, the British special needs and disabilities assistant has won £16,769 after she successfully sued the school for race discrimination and victimisation.

An east London employment tribunal heard Ms Balogun was a single mother of two looking after a boy and girl, both school-aged.

Her son was diagnosed with cancer and was undergoing treatment at the time in January last year, when the UK was plunged into its third lockdown due to the Covid-19 pandemic.

She was not allowed to work from home despite her son being clinically vulnerable and was put on a rota which meant she came into contact with pupils and colleagues at school. A female assistant, named only as “LC”, carried out a similar role to Ms Balogun and was permitted to work from home from January last year as her mother was vulnerable and was shielding.

On Jan 28, Ms Balogun texted Ms Alcock, saying it was “impossible to work in isolation in school” and “it’s not a risk I’m willing to take”.

Ms Alcock replied, saying: “All staff apart from those that are themselves clinically extremely vulnerable are expected to attend work.”

The tribunal heard Ms Balogun pointed out Ms Alcock’s contradiction as LC was allowed to work remotely. An hour after Ms Balogun brought up the Equality Act her contract was terminated.

At the tribunal, the school claimed Ms Balogun was not comparable to LC and Ms Balogun could not have worked remotely, however the panel found this was not true and said the only difference was race.

Ms Balogun won claims of race discrimination and victimisation, but lost an unfair dismissal claim as she was not directly employed by the school, but through an agency.