Aysha Ahmad acted for the respondent school in teacher 'whacking' case

Aysha Ahmad successfully defended an unfair dismissal claim for the Respondent, Gilbert Colvin Primary School in Ilford, East London, in this highly reported case involving a teacher who made a comment about 'whacking' students when one of the children asked what would happen to them if they didn't hold their papers in place during their tests.

Ms Subrian, who has been teaching for 35 years, was said to have replied she would 'whack' them and gestured with her hand. She admitted doing this and during the investigation process changed her description of the ‘back of her hand’ to the ‘front of her hand’, stating that it seemed less aggressive. The school investigated the incident as it triggered their safeguarding procedures and terminated Ms Subrian's employment for gross misconduct.

The teacher argued that her comment 'had been made in jest' and wanted all of the children in the small group of Year 6 pupils to be interviewed. The hearing was told the pupil, who spoke English as a second language, felt threatened, upset and angry over the incident and reported it to another teacher. A second child was interviewed and understood the word used to have meant, ‘hit’.

Ms Subrian took Gilbert Colvin Primary School in Ilford, East London, to an employment tribunal.

Ms Subrian was already on a warning for a previous matter where an allegation of slapping a child had been made against her and whilst the physical contact was found to have been accidental, the warning was given because Ms Subrian had taken the child out of the classroom to discuss the incident, despite having been told not to.

Ms Subrian criticised the second investigation conducted by the school and said the punishment was too severe. However, she displayed a worrying lack of insight of safeguarding during her evidence.

The Judge rejected her claim of unfair dismissal at the hearing in East London.

The case highlights the importance of safeguarding being front and centre in the education of children.

Ms B Subrian v Gilbert Colvin Primary School judgment

The case has been widely reported in the media:

The Times

Daily Mail

The Standard

25th Feb 2025