Deputy head teacher wins unfair dismissal claim after being sacked for restraining ‘out of control’ pupil who hit and kicked him

In the case of Mr C Kitchener v The Thinking Schools Academy Trust Clive Kitchener was sacked without notice for gross misconduct after restraining an ‘out-of-control’ female pupil who attacked him. Mr Kitchener, a former soldier, sued the school trust for unfair dismissal and won his claim after an employment judge ruled the school had not trained him properly on the use of force.

In the case of Mr C Kitchener v The Thinking Schools Academy Trust Clive Kitchener was sacked without notice for gross misconduct after restraining an ‘out-of-control’ female pupil who attacked him. Mr Kitchener, a former soldier, sued the school trust for unfair dismissal and won his claim after an employment judge ruled the school had not trained him properly on the use of force.

The hearing in south London heard Mr Kitchener was working at Goodwin Academy in Deal, Kent, which is run by the Thinking Schools Academy Trust. The school has 900 pupils aged between 11 and 18 and was noted as ‘requiring improvement’ in its most recent Ofsted report.

In October 2021, a pupil – referred to as Student A – was misbehaving by walking out of lessons, swearing, throwing things in classrooms, and barging into people in corridors, the panel heard.

Principal Simon Smith decided to exclude her and told Mr Kitchener to make sure she left the school. Mr Kitchener, who is married and from Deal, told Student A she needed to go home and that she had ‘not made wise decisions that day’. His comments angered her, and she stormed off, the tribunal heard.

Mr Kitchener followed the pupil – who was ‘the same size as an adult’ – until she turned around and walked towards him, telling him to ‘f*** off’. The teacher – who felt the girl was ‘out of control’ – decided to block her path with his arms out to his side, but she walked into him and started ‘struggling’.

The panel heard the girl then hit the teacher five times.

The following day, the school referred the incident to the police and local authority. Neither chose to take any action, but school bosses felt Mr Kitchener had used ‘unnecessary force’. He was asked to work from home for three weeks, and disciplinary proceedings began the following month.

Academy trust chief executive Stewart Gardner told the tribunal he ‘did not feel the level of behaviour exhibited by Student A merited a physical intervention’.

Employment judge Michael Atkins concluded that he had been unfairly dismissed. A hearing to decide on a level of compensation will be held later this year.

Read more

Latest News

Read More

Feedback can be provocative, but it’s what people want it

8 November 2024

Newsletter

Receive the latest HR news and strategic content

Please note, as per the GDPR Legislation, we need to ensure you are ‘Opted In’ to receive updates from ‘theHRDIRECTOR’. We will NEVER sell, rent, share or give away your data to third parties. We only use it to send information about our products and updates within the HR space To see our Privacy Policy – click here

Latest HR Jobs

University of Warwick – WMGSalary: £24,044 to £26,038 per annum This provides summary information and comment on the subject areas covered. Where employment tribunal and

This is an exciting opportunity for an experienced HR Director to join a high-profile organisation in an exciting period of change. We are currently partnering

HR Director, Cumbria, c£100,000 plus car allowance, bonus and LTIPS. Our client is like no other A pioneering business made up from some of the

Durham University – HR & ODSalary: £58,596 to £65,814. Grade 9, per annum This provides summary information and comment on the subject areas covered. Where

Read the latest digital issue of theHRDIRECTOR for FREE

Read the latest digital issue of theHRDIRECTOR for FREE