Teacher loses legal fight after refusing to wear Covid mask or take tests

She was told to “pull together” with other staff members by the headteacher, however after she refused, Onyebalu was sacked.

She took her claims of unlawful victimisation to an employment tribunal, who ruled that she “disregarded anyone but herself” at the height of the pandemic.

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Judge Benjimin Burgher said: “[Onyebalu] had an agenda to seek to undermine the school's asymptomatic testing and face mask policy.

"The tribunal concludes that she disregarded anyone but herself during the difficult time that the school and society as a whole was facing.

"This is underlined by her comments that she was not at the school to make other people comfortable.”

The panel said that whilst Onyebalu was entitled to disagree with the policy, she would have to face the consequences of her actions.

The judge added: “[She] adopted an obtuse and uncooperative standpoint and the tribunal conclude that the school sought to manage her with incredible patience and diligence.

"The [school] could not be criticised by deciding to take steps to seek to protect the health and well-being of its pupils, staff and parents.”

Gascoigne Primary School in Barking, East London, followed Government guidance at the time which advised that staff wear face masks and take tests twice a week.

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Staff were told that the measures were “voluntary” but that they were “expected” to do it.

Onyebalu, who began working at the school in 2015, ignored the new policy at the school without giving a specific reason.

Between June 2020 and March 2021, she attended school without wearing a face mask or taking tests.

In September 2020, she wrote to headteacher Joanne Preston, telling her that she was abstaining from following the rules as a “personal choice”.

Preston wrote to her in February 2021, encouraging her to adopt the policies: “All colleagues should pull together and place our children and their education at the forefront.”

After failing to comply again, Onyebalu was sacked on March 8 2021.

She was invited to a disciplinary meeting in September 2021 and was handed a final written warning for 18 months.

Onyebalu then resigned in November 2021.

Dismissing her claims, the judge said: “She disregarded anyone but herself during the difficult time that the school and society as a whole was facing.

“This is underlined by her comments that she was not at the school to make other people comfortable.”