Doncaster swim coach told girl 'it looks like you work out'

The Dome, one of several leisure centres run by Doncaster Culture and Leisure Trust

A swimming teacher who told a primary school girl "it looks like you work out" was justifiably dismissed, a tribunal has ruled.

Gary Coleman, who worked for Doncaster Culture and Leisure Trust, made the comment during a lesson in September 2022, an employment tribunal heard.

He was suspended and then dismissed following a disciplinary hearing.

Mr Coleman's claims that he was unfairly and wrongfully sacked were dismissed by a tribunal in Leeds.

At the time, Mr Coleman was reported to his employer by the girl's school, which said his comment had made the girl and her teacher "uncomfortable".

The child's parents also inquired whether Mr Coleman would be running the next lesson before deciding whether or not to let their daughter attend again.

Doncaster Culture and Leisure Trust initially suspended Mr Coleman on full pay while the matter was investigated.

Following a disciplinary hearing, it was ruled his actions had amounted to gross misconduct and he was dismissed with immediate effect.

According to the trust, the incident was "a clear safeguarding concern" and Mr Coleman's comment was "inappropriate".

Mr Coleman, who had worked for the trust since 2015, tried to appeal against the decision, which was upheld on 21 October 2022.

He then brought the case before the employment tribunal in Leeds, arguing he had been unfairly and wrongfully dismissed.

'Highly inappropriate'

Tribunal Judge Daniel Sills said that in some respects the decision to dismiss Mr Coleman "can be seen to be somewhat harsh" as this was his "first offence".

However, Judge Sills said Mr Coleman's position of trust had to be taken into account and he agreed the comment was a safeguarding concern.

In his report, which was published on 14 August, Judge Sills said: "The claimant accepts it was inappropriate. It is a comment made by an adult male in a position of trust to a female child aged 10 or 11 about that child's body and physical appearance when the child was in swimwear and in front of other people.

"The comment demonstrates he had been observing her physical appearance. In that context, however intended, the comment is highly inappropriate."

Judge Sills ruled the company's decision to sack Mr Coleman was "in the range of reasonable responses" and dismissed both claims.

Following the ruling, a spokesperson for Doncaster Culture and Leisure Trust said: "We are pleased with the outcome of the employment tribunal.

"We have strict safeguarding policies in place and these were followed."