A tribunal has ruled that the dismissal of Shelly-Ann Malabver-Goulbourne, headteacher of Northwold Primary School in east London, was unfair after she was sacked for an incident involving her toddler son.
Ms. Malabver-Goulbourne was attempting to prevent her three-year-old from playing with hand sanitizer in her office when she lightly tapped his hand with two fingers to get his attention. This action was witnessed by a teacher responsible for child safety, who accused her of harming her son. Subsequently, an official complaint was filed, and the police were called. However, the authorities deemed the mother's actions as "reasonable chastisement" within parental rights.
Despite this ruling, Ms. Malabver-Goulbourne was found guilty of gross misconduct and terminated from her position. However, an employment judge later concluded that there was no evidence of physical chastisement or assault, deeming her dismissal unjust. It was noted during the hearing that Ms. Malabver-Goulbourne had been a teacher for many years, joining the Arbor Academy Trust in 2005 and becoming headteacher in 2017.
The incident occurred on January 17, 2022, around 6:20 pm, as Ms. Malabver-Goulbourne was preparing to leave her office after a meeting with Ms. Bhagwandas, the designated lead for safeguarding. Her two children, who attended the school, were with her in the office, awaiting their departure. Employment Judge Julia Jones noted that Ms. Malabver-Goulbourne likely spoke to her son at his eye level to explain why he should not play with hand sanitizer. When the child turned away, she lightly tapped his hand with two fingers to gain his attention.
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