A London primary school teacher with over 35 years of experience has lost her unfair dismissal case after being sacked for joking about "whacking" pupils.
Baiklautchmee Subrian was dismissed from Gilbert Colvin Primary School in Ilford, East London in 2023 when a student who spoke English as a second language felt threatened by her comment.
The experienced teacher had worked at the school for four years before the incident that led to her termination.
During a maths SAT preparation class with Year 6 pupils, Subrian responded to a question about what would happen if students did not hold their test papers properly.
A stock image of children raising hands in class
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The teacher told the small group she would "whack" them and made a hand gesture to accompany her comment.
A Year 6 pupil, who felt threatened and upset by the remark, reported the incident to another teacher.
Despite Subrian's insistence that the comment was made in jest, and that most children understood it was not malicious, one student took serious offence.
The following day, Subrian was called to meet with the headteacher and informed an investigation would take place.
During a July 2023 disciplinary hearing, Subrian argued the student could not have been truly upset as they continued attending her after-school club.
The school's dismissal letter stated that even if intended as a joke, the comment constituted gross misconduct because the student, not having English as a first language, "could not be expected to understand that".
LATEST DEVELOPMENTS:Subrian claimed the punishment was excessive and criticised the school's investigation for "lacking integrity".
At the employment tribunal in East London, Judge Jack Feeny rejected Subrian's unfair dismissal claim.
"I do not consider whether or not the comment was intended as a joke to be particularly important. It was plainly an inappropriate thing to say," the judge stated.
He added: "The accompanying hand gesture compounded matters, particularly where at least some of the children did not have English as a first language."
The judge noted that while such comments might be acceptable if all children take them lightly, this wasn't the case here.
Gilbert Colvin Primary School
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Judge Feeny emphasised that making such jokes carries significant risks in educational settings.
"A teacher may get away with a comment in these circumstances if all children receive it as a light-hearted comment and laugh along," he said.
The judge concluded that if even one child becomes upset by such remarks, "it must amount to a significant safeguarding issue."
The case highlights the importance of considering language barriers and cultural sensitivities in London's diverse classrooms.
