Head teacher unfairly dismissed after tapping son’s hand – tribunal

After a meeting between the local authority and school trust, Ms Malabver-Goulbourne was suspended.

She was not given any details of the allegation that had caused her suspension, the tribunal heard.

A police investigation concluded the mother’s actions were “reasonable chastisement” by a parent and amounted to a “minor incident”.

But after a further investigation and disciplinary hearing carried out by the school, officials sacked Ms Malabver-Goulbourne for gross misconduct.

Upholding the head teacher’s claim of unfair dismissal, employment judge Julia Jones said Ms Malabver-Goulbourne’s physical contact with her son came within the school’s code of conduct and could not be considered “unnecessary physical contact”.

Her son was “engaging in an activity that could have caused him harm”, and there was “no evidence that she had committed physical chastisement or an assault”, the judge added.

The level of damages Ms Malabver-Goulbourne will receive from the academy trust will be decided at a later date.