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.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
