Thornton children's home worker wins sex discrimination tribunal against Lancashire County Council

A member of staff at a Fylde coast children’s home who was suspended after being accused of putting his hand up a teenager's shorts while struggling to restrain her has won his claim for sex discrimination.

An employment tribunal ruled that Olushola Akinyemi was treated differently to a female colleague who, during the same incident accidentally touched the girl's breast.

Both were on duty at the Thornton Children's Home run by Lancashire County Council on August 4, 2024, when the incident, involving a girl, a victim of child sexual abuse by males, occurred.

The tribunal in Manchester heard that there had been several incidents involving the girl on that same day, and that she seemed to be targeting the home's assistant manager, Jane.

The girl went on to punch Jane in the chest and kick her, so Mr Akinyemi, who was an agency worker, and a colleague, Emma, stepped in to restrain her. The girl then tried to bite them, the tribunal was told,

The girl claimed that Emma had touched her breast, but when interviewed Emma said her arm made contact when the girl had moved towards her.

Mr Akinyemi tried to secure her legs, but she called him a "paedo", claiming he had put his hand up her shorts, the tribunal heard.

In a subsequent interview he said the girl had threatened to kick him in the testicles and he simply used his hand and leg to stop her.

But the tribunal heard, because of the teenager's extreme reaction Mr Akinyemi was sent home and the matter was referred to the Local Authority's Designated Officer (LADO).

It was then referred to the police and Mr Akinyemi remained suspended without pay by his agency until it was decided in November, 2024, that no action would be taken against him.

The home's manager Richard Lawler said that in view of the girl's history restraint should be carried out only by female employees.

Upholding the claim for sex discrimination, Employment Judge Liz Ord said both Mr Akinyemi and Emma's contacts with the girl had been accidental but she had not withdrawn either allegation.

"Emma was not prevented from working for LCC and was not referred to LADO because the young person's response to her was less adverse," said the Judge.

She ruled that being sent home, as well as being referred to LADO and being subsequently suspended, both amounted to sexual discrimination when no such-steps had been taken against Emma.

Mr Akinyemi's claim for race discrimination, based on the same evidence, was dismissed.