Headteacher succeeds in unfair dismissal claim

Ms S Malabver-Goulbourne had commenced employment at Arbor Academy Trust, a primary school in Hackney in 2005. In 2017, she was appointed as Head Teacher of the school.

S Malabver-Goulbourne v Arbor Academy Trust

On 20 January 2022, Malabver-Goulbourne was seen trying to prevent her three-year-old son, who was in her office awaiting their departure, from playing with a bottle of hand sanitiser. Ms Malabver-Goulbourne had taken the sanitiser from him and bent to his level to explain why he should not be playing with it. Her son then turned his face away from her. To get his attention, Ms Malabver-Goulbourne tapped him with two fingers on the back of his hand.

Ms. Bhagwandas, the designated safeguarding lead (DSL) at the school, witnessed this occurrence and raised concerns that Malabver-Goulbourne had hurt her son, who was crying. Bhagwandas then reported the incident, leading to Malabver-Goulbourne’s suspension and a police investigation.

The police concluded that the incident did not warrant further investigation, considering it to have been “reasonable chastisement” with no need for action. The school’s investigation, however, was deemed necessary by Liezel Le Roux, the local authority designated officer for Hackney, as the incident involved a senior staff member in the presence of the DSL. A meeting was held to discuss the allegations.

During further investigation, Malabver-Goulbourne clarified that the tap was meant only to gain her son's attention and not to cause harm. Despite this, the disciplinary panel on April 27, 2022, decided to dismiss Malabver-Goulbourne, citing a loss of trust and confidence in her. Her appeal was also dismissed, with the appeal panel agreeing that her actions breached safeguarding policies.

Employment tribunal ruling

In the tribunal, Judge Jones ruled that the dismissal was outside the range of reasonable responses, criticising the Trust’s heavy reliance on Bhagwandas’s evidence. The judge found that Malabver-Goulbourne’s actions were intended to prevent injury and address her son’s behaviour, not to inflict physical chastisement.

The tribunal ordered Arbor Academy Trust to pay Malabver-Goulbourne £102,300 in damages, which includes £93,900 for financial loss and an £8,500 basic award.

Commentary

This case underscores the importance of fair and thorough investigations in disciplinary processes. The Trust's failure to appropriately weigh the available evidence and its reliance on a single witness's testimony were critical in the tribunal's decision. This serves as a reminder that employers must ensure that dismissals are reasonable and proportionate. 

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