Youth Club Worker Fired for Giving Teenager a Wet Tissue After Fight

A worker at the historic Harrow Club has been dismissed for gross misconduct after providing a teenager with a wet tissue to clean blood from his face following a fight. Damien Burke, 45, who had worked at the Old Oak branch of the club for 13 years, was sacked in 2024.

The incident occurred in July 2023 when two youths engaged in an altercation that continued outside the club. One of the youths returned to the club visibly bleeding and with a missing tooth after being punched. Burke offered the injured teenager a wet tissue to wipe his face and assisted in searching for the tooth.

Club management deemed Burke's actions a breach of safeguarding protocols. They cited failure to report the incident, administering first aid without proper training, not notifying a qualified first aider who was present, and not providing a full account of the event as reasons for dismissal.

Burke challenged his dismissal before an Employment Tribunal, arguing that offering a tissue was a common and minor act of assistance. He stated he had been trained as a first aider some time ago, though he did not possess current certification. He felt he was being made a scapegoat, as his line manager and a trained first aider were on duty at the time.

The disciplinary panel rejected Burke's defense, noting that no evidence of current first aid qualification was found. They found that providing medical assistance, even minimal, without authorization constituted a breach of procedure. The panel concluded that Burke's actions put young children under his care at risk.

An Employment Appeal Tribunal upheld the decision, ruling that the club was justified in considering Burke's actions as first aid. Judge James Tayler stated that while Burke was genuinely committed to the youths, there was no error in law regarding the ruling against him. Burke's appeal was dismissed.