Perceived “angry face” look wins discrimination case

A Black teaching assistant who was accused of intimidating pupils because she had an “angry face” has won claims of race discrimination, harassment and unfair dismissal. It was perceived that the teaching assistant appeared “to be angry”.

The tribunal concluded that complaints about her demeanour were not handled objectively and that the disciplinary process leading to her dismissal was unfair. The teaching assistant raised concern that expectations about how she should look were subjective and not applied consistently to other staff.

A disciplinary investigation was conducted which looked at safeguarding, pupil wellbeing and an alleged breakdown in trust. The school concluded that, despite support measures put in place, there had been a failure to change her behaviour and she was dismissed on the basis that a substantive working relationship was no longer possible.

The employer failed to provide clear details of the allegations and lacked a balanced assessment of the evidence. The tribunal upheld claims of direct race discrimination and race-related harassment under the Equality Act 2010, concluding that racial stereotypes influenced how concerns were perceived and escalated.

This ruling carries a clear message that unconscious racial bias is rarely obvious but can be present where complaints focus on demeanour, tone or facial expression. Managers should be trained to recognise bias and question whether it has influenced their perceptions before taking disciplinary action. Contact 121 HR Solutions to discuss training needs for your business – enquiries@121hrsolutions.co.uk.

Perceived “angry face” look wins discrimination case

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