Claimant v The Good Shepherd Trust

The tribunal found that the claimant received inadequate support after March 2021, but accepted the respondent's explanation that this was due to workload pressures on the mentor during COVID-19, not race. The tribunal found that when another NQT (Ms Casey) requested a change of mentor, it was granted, but the claimant did not raise concerns until July 2021. The 'Lilt incident' was found to be an ill-judged reference to a TV advert, not directed at the claimant's race (Iraqi, Middle Eastern). The claimant did not suggest in cross-examination that any witness had racially discriminated against her.

The tribunal found that the respondent failed to review the claimant's support plan and that there were issues with arrangements for the review meeting on 5 July 2021. However, the tribunal found these were caused by workload pressures during COVID-19 and the claimant's lateness, not related to race. The tribunal did not find the conduct had the purpose or effect of violating the claimant's dignity or creating a hostile environment because of race.

The claimant raised a complaint of race discrimination on 5 July 2021, which was a protected act. The tribunal found she was dismissed because of this protected act. Key factors: the timing of dismissal after the complaint; on 2 July 2021 the claimant was introduced to children she would teach in September; on 5 July 2021 parents were informed she would be teaching a specific class from September; and the respondent had given no prior indication she might not continue at the school. The tribunal concluded the decision to dismiss was made after and because of the protected act.

The claimant argued her employment contract had to be read with Teaching Regulation Agency documents and that because her NQT was being extended, her probationary period could not be considered unsuccessful. The tribunal rejected this, finding the employment contract was a stand-alone document and the respondent was entitled to find the claimant had not satisfactorily completed her NQT period under the terms of the contract.