Teacher sacked after joke about 'whacking' pupil over the head not understood
25 February 2025, 14:19
A teacher has been sacked after their joke about 'whacking' a pupil over the head was not understood.
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Baiklautchmee Subrian, who has over 35 years' experience as a teacher, was sacked after a child who spoke English as a second language misunderstood the comment.
She was dismissed from Gilbert Colvin Primary School in Ilford, east London, in 2023 following the incident.
Ms Subrian took the school to an employment tribunal, claiming the remark had been made "in jest" while teaching Year 6 pupils and preparing them for their maths SAT exam, according to the Times.
Almost everyone in the class knew it was not intended to be unkind, she said.
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During the lesson, one pupil asked what would happen if they did not hold their papers in place during their tests.
Ms Subrian responded saying that she would "whack" them while gesturing with her hand.
The pupil felt threatened, upset and angry over the remark and told another teacher, the hearing was told.
The following day, Ms Subrian was asked to meet the head of school and told that there would be an investigation into the incident.
Speaking at a disciplinary hearing in July 2023, she said that the child's decision to continue attending her after-school club showed that they had not been that upset.
However, in a letter of dismissal sent later that same month, it said due to the pupil not having English as a first language they "could not be expected to understand".
Ms Subrian has argued that the punishment was too severe and claimed the school's investigation 'lacked integrity'.
However, her claim of unfair dismissal was rejected at her employment tribunal in east London.
Judge Jack Feeny said in his closing comments: "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 accompanying hand gesture compounded matters, particularly where at least some of the children did not have English as a first language.
"A teacher may get away with a comment in these circumstances if all children receive it as a light-hearted comment and laugh along. It is common ground that this was not what happened here.
"The risk of making such a joke is that if even only one child is upset by it, it must amount to a significant safeguarding issue."
