Balancing safeguarding and fair treatment in an investigation

In Martha Ankamah v The Governors of St Mary Magdalene CE Primary School, a teaching support assistant challenged her dismissal by the school, raising claims of direct race discrimination, harassment based on race, unfair dismissal and wrongful dismissal.

An incident occurred on 22 June 2023, involving a pupil (Child A) with special educational needs. Ms Ankamah, assigned as the child’s ‘safe person’, tried to intervene when Child A expressed an intent to leave the premises and became agitated. The school carried out an internal investigation, referred the matter to safeguarding authorities (LADO) and the police, and eventually dismissed the claimant for misconduct.

After hearing evidence (including CCTV footage, witness testimony and policy documents), the employment tribunal (ET) dismissed all the claims.

Below are key legal issues and lessons arising from the judgment.

Key claims and legal points

Direct discrimination (race)

Ms Ankamah alleged she was treated less favourably because of her race (black) compared to white or Asian colleagues. She pointed to decisions such as reporting her to LADO and the police, pursuing a criminal case and how the disciplinary process was conducted.

The ET rejected this: it found no comparator in materially similar circumstances who was treated more favourably and did not accept that race was a causative factor in decisions about suspension, investigation or dismissal.

Harassment (related to race)

Ms Ankamah claimed that the treatment, that is, the investigation and disciplinary process created a hostile or degrading environment linked to race.

The ET held that the conduct relied upon did not amount to harassment under the statutory test. Even if some treatment had been ‘unwanted’, there was no evidence of intent or effect to violate dignity or create a hostile environment because of race.

Unfair dismissal

The school’s case was that the dismissal was for misconduct. The ET’s task was to assess whether the school genuinely believed that misconduct occurred, whether it had reasonable grounds for belief, whether it had carried out a fair investigation, acted reasonably in process, and whether dismissal fell within a ‘range of reasonable responses’.

The ET found that:

• The school had reasonable grounds to suspect misconduct, given the CCTV and witnesses.
• The internal investigation and disciplinary process, though imperfect, were not so flawed as to render the decision unreasonable in all the circumstances.
• The dismissal, in light of the school’s policies and safeguarding duties, fell within the range of reasonable responses.

Wrongful dismissal/notice pay

Ms Ankamah claimed she should have received notice pay whereas the school contended that her conduct amounted to gross misconduct, justifying summary dismissal without notice.

The ET declined her claim: it concluded that the conduct was serious enough to justify summary dismissal under the school’s policies, so there was no entitlement to notice pay.

Practical lessons for schools

• Safeguarding and procedural fairness must align: Schools must follow their safeguarding obligations (eg reporting to LADO, involving police) while also ensuring disciplinary processes are fair and proportionate.
• Documentation, evidence and transparency matter: CCTV, contemporaneous notes and clear policies play a vital role in allowing decision-makers to justify their course of action.
• Training and policy consistency: The case highlights the importance of providing staff with consistent training (eg de-escalation, restraint) and ensuring policies reflect operational realities and legal safeguards.
• Comparators and discrimination claims: When claims of discrimination are made, schools must be able to identify valid comparators and show that treatment was not linked to protected characteristics.

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