Employment Appeal Tribunal Upholds Dismissal of Youth Worker in Safeguarding Case
The Employment Appeal Tribunal has upheld a ruling that a youth worker was fairly dismissed after failing to follow strict safeguarding and reporting protocols.
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Background of the Dispute
The case, heard by the Employment Appeal Tribunal (EAT), involved a long-serving youth worker at The Harrow Club in London. The claimant was dismissed in 2024 following an incident involving two young people involved in a fight at the club. The club's internal investigation concluded that the worker failed to follow mandatory safeguarding procedures, administered unauthorised first aid, and provided a dishonest initial account of the events.
Tribunal's Findings
The original Employment Tribunal determined that the employer had reasonable grounds to believe the claimant had committed misconduct. Central to the case was the claimant's failure to report the incident properly and his decision to assist a young person who had lost a tooth. The club maintained that the employee bypassed trained first aiders, placing both the young person and the organisation at risk.
The Appeal
The claimant appealed against the initial decision, specifically challenging the determination that his actions, which included handing a tissue to a young person, amounted to unauthorised first aid. However, His Honour Judge James Tayler rejected this ground of appeal.
In his judgment, the Judge noted that the employer was entitled to take a serious view of the worker's actions given the context of safeguarding minors. The EAT found no error of law in the original tribunal's conclusion that the employer's decision to dismiss was within the range of reasonable responses. Consequently, the challenge was dismissed, and the original ruling stands.
Read the entire judgment here: Burke v The Harrow Club [2026] EAT 141
