Head who tapped son's hand was unfairly dismissed

Shelly-Ann Malabver-Goulbourne was sacked from her job as head teacher at Northwold Primary School in 2022

A head teacher sacked from an east London primary school for assault after tapping her son's hand was unfairly dismissed, an employment tribunal has ruled.

Shelly-Ann Malabver-Goulbourne was reported by a colleague at Northwold Primary School for allegedly hurting her son, three, while working late in her office.

It resulted in her suspension from the Hackney school and a police investigation.

Ms Malabver-Goulbourne said she tapped her son with two fingers to get his attention.

She told the tribunal she was trying to prevent him playing with a hand sanitiser bottle that he had previously hurt himself with.

Agreeing with the head teacher's version of events and upholding her claim of unfair dismissal, an employment judge ruled her actions could not be considered "unnecessary physical contact".

Ms Malabver-Goulbourne joined Northwold Primary School which is run by the Arbor Academy Trust, in 2005 and was made head teacher in 2017.

In January 2022, she was working late in her office after a meeting with fellow teacher Samantha Bhagwandas, who was the designated lead for safeguarding, an east London employment tribunal was told.

Sanitiser in eye

The head's son, three, and daughter, 11, both pupils at the school - which has a nursery - were in her office with her waiting to be taken home.

Ms Malabver-Goulbourne had been trying to stop her son from playing with the bottle of hand sanitiser after he squirted some of the liquid on the floor, the tribunal was told.

Two weeks earlier, the boy had ended up with sanitiser in his eye after playing with a bottle.

After watching the interaction, Ms Bhagwandas told the head teacher she should "not have hurt her son".

Two days later, Ms Bhagwandas reported the incident to the CEO of the school trust, saying she had seen the head "smack" her son on the hand.

'Reasonable chastisement'

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.