A teacher who was fired after restraining an allegedly out of control student was successful in their claim of unfair dismissal.

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The tribunal found that school bosses had exposed Mr Kitchener to the risk of assault by failing to provide him with appropriate training and dismissed the trust’s argument.

It concluded that Mr Kitchener had ‘acted appropriately to protect himself and the student’ and ruled that his dismissal was unfair.

The tribunal further noted that Clive Kitchener, who had been teaching for six years after a 23-year Army career, was not given the proper training to handle the situation he was confronted with, thereby exposing him to the risk of assault.



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The tribunal found that school bosses had exposed Mr Kitchener to the risk of assault without properly equipping him to handle the situation. The panel ruled that the dismissal was unfair and that he should be paid his notice period.

The tribunal heard that Clive Kitchener, assistant principal at Goodwin Academy in Deal, Kent, had followed a pupil down a corridor after she refused to leave and was told to leave for ‘throwing objects at people and barging into them’.

The 55-year-old had attempted to block her from re-entering an open doorway by putting his arms out and holding the doorframe with one hand, but she had walked into him and started ‘struggling’ to get through.



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The adult-sized student then hit Mr Kitchener five times in the head, breaking his glasses, and kicked at his leg and groin before walking off again.

The school management accused him of using unnecessary force and dismissed him for gross misconduct without notice in April 2022. Mr Kitchener challenged his dismissal at a tribunal, claiming he had not been trained properly on the use of force.

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