A SCHOOL kitchen assistant who claimed she had been dismissed due to race discrimination has been ordered to pay a Colchester school £8,000 after a tribunal ruled she acted “unreasonably”.
The claimant, referred to only as Ms M Zigah, became a cleaning assistant at St Teresa's Primary School in 2018.
Ms Zigah worked in the kitchen with others, however, tribunal papers said there was a “bad atmosphere” in the workplace.
In September 2019, Ms Zigah claimed a derogatory comment was made at work by other members of staff in relation to her race, which the tribunal later ruled was not.
In January 2020, the claimant was suspended following allegations she had threatened physical violence against another member of staff.
The suspension was lifted on April 1, however after not returning to work, her pay was suspended.
Ms Zigah later bought a grievance to the school governors on May 21, saying “she was African, Black Ghanaian, a single parent of three young children and set out seven instances of what she said was unfair or discriminatory treatment”.
Vice chair of Governors Mr Johnson later informed the claimant her grievance had not been upheld.
On August 24, headteacher Marie Kelly wrote to inform the claimant she was required to return to work as the grievance process had concluded.
Four days later she told Ms Zigah her unauthorised absence from work and lack of any contact or explanation amounted to gross misconduct, later dismissing her on August 29.
Employment Judge Russell ruled Ms Zigah’s “persistent refusal to return and/or to engage with the school was the sole reason for dismissal”.
It continued: “Race had nothing whatever to do with the decision to commence the disciplinary investigation.”
The total to be paid to the school is £7,805 after the tribunal ruled Ms Zigah should pay 50 per cent of the school's costs.
In a statement, the school said: “St Teresa’s Primary School can confirm over a year ago a judgement was made in a tribunal case brought against the school.
“All claims were dismissed by the tribunal.
“St Teresa’s Primary School and The Rosary Trust are inclusive employers and will not tolerate discrimination in any form, therefore we were very pleased with the tribunal’s decision to dismiss all claims.”
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereLast Updated:
Report this comment Cancel