Muslim teaching assistant claims school discriminated against her for wearing heels at swimming class

Sahika Ditta tried to sue St Peter's Church of England Primary School in Burnley for religious and racial discrimination and harassment
Sahika Ditta tried to sue St Peter’s Church of England Primary School in Burnley for religious and racial discrimination and harassment

A teaching assistant sued for race discrimination after she was “spoken to” for wearing high heels while accompanying pupils to swimming lessons.

Sahika Ditta claimed she was “singled out” for wearing the high heeled wedges after a swimming instructor complained the shoes were not appropriate.

Ms Ditta, who is Muslim, tried to sue St Peter’s Church of England Primary School in Burnley for religious and racial discrimination and harassment.

She claimed that she had been deliberately targeted as white non-Muslim staff breached the dress code but bosses ignored it.

In 2022, from March to June, Ms Ditta, a teaching assistant at the school, accompanied pupils to local swimming lessons twice a week.

Ms Ditta “did not like to attend with the children and be in a warm environment”, the inquest heard.

There was not a written dress code, however, staff were advised to wear appropriate clothing.

Ms Ditta wore high heeled wedges to the swimming baths, after which the “instructor Amanda complained to the school” and Ms Ditta was subsequently spoken to.

The teaching assistant alleged that she had been “singled out for wearing inappropriate footwear at the swimming baths when other white or non-Muslim members of staff were permitted to wear inappropriate footwear”.

She also claimed a school staff member was asked to “spy on her” to make sure she wore the correct footwear.

However, it was heard that other white, non-Muslim members of staff at the school were in fact spoken to for wearing “strappy tops” and “gym clothes”.

‘Not singled out for special attention’

Employment Judge Robert Childe dismissed Ms Ditta’s claims of religious discrimination, racial discrimination and harassment, concluding that other members of staff had not been ignored for breaching the dress code.

Judge Childe said: “We find that [Ms Ditta] was not singled out for special attention regarding her dress and compliance with the school’s dress code.”

One other staff member was “spoken to directly” about breaching the dress code and was “told to dress appropriately”, Judge Childe said.

“In addition, all staff [were] sent [an] email on 21 June 2021, which covered the appropriate wearing of strappy/sleeveless tops and footwear.

“We therefore conclude that breaches of the school’s dress code by white non-Muslim staff were not ignored as alleged by [Ms Ditta].”

He also said that Ms Ditta had accepted in evidence that the action taken by the school “was not done [due to her] race and therefore it must fail”.

“There wasn’t a written dress code between April and June 2022. The code was rather that staff should dress in a way that is appropriate for a school setting,” Judge Childe added.

Ms Ditta also claimed she was discriminated against when headteacher Claire Crowther sent a group WhatsApp during lockdown saying “Happy Eid! Let’s hope everyone celebrates safely so we’re not locked down any more!”

She claimed the head teacher was making a racist stereotype by suggesting Muslims were not following lockdown restrictions.

The judge dismissed the claims, ruling that it was simply her expressing a desire for everyone to stay safe.