A teaching assistant at Whitefield Primary Academy in Luton was dismissed from her job after she was accused of ‘abusing her position of trust’.
Sabrina Willmott was fired from her teaching position after she hugged a distressed boy whom she feared would hurt himself when he seemed on the verge of an outburst.
The former teaching assistant was also allegedly ‘ambushed’ with an allegation she had also kissed the pupil and was later sacked for gross misconduct, an employment tribunal heard.
Mrs. Willmott said that she was worried the boy in question would physically harm himself, so she ‘placed her arms around him in a hug to prevent injury and to calm him but ‘strongly and vehemently denied’ she had kissed the child.
As a result of the accusations Mrs. Willmott suffered serious distress and was signed off from work by her GP as she feared she would face serious consequences.
Employment judge Bellamy Forde ruled the hugging incident did not amount to gross misconduct.
He said: ‘I accept that it is likely that [Mrs Willmott] should have been wary of inviting the child for a hug and that [she] was aware of the risks associated with doing this.
‘I do not accept that hugging would always amount to gross misconduct… accordingly, I find that [Mrs Willmott] was unfairly dismissed.’
Mrs. Willmott was awarded £7,257.18 in compensation after winning her unfair dismissal case.
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