Youth Club Worker Fired for Giving Teenager a Wet Tissue to Clean Blood

A worker with 13 years of service at a historic London youth club was dismissed for gross misconduct after giving a teenager a wet tissue to wipe blood from his face following a fight. The incident occurred in July 2023, but the disciplinary proceedings and subsequent dismissal of Damien Burke, 45, took place in 2024.

Burke was working at the Old Oak branch of the Harrow Club, an institution established in 1883 by Old Harrowians to support disadvantaged children. The dispute arose after a physical altercation between two youths, which continued outside the club premises. One of the youths returned to the club with a visibly bleeding face after being punched.

Burke offered the teenager a wet tissue to clean the blood and assisted in searching for a tooth that had been lost during the fight. However, club management deemed his actions to be a breach of safeguarding protocols. They argued that Burke had placed children under his care at risk by failing to report the incident, administering first aid without training, not notifying a trained first aider who was present, and not providing a full account of the events.

Burke contested his dismissal, maintaining that offering a tissue was a simple, normal gesture and not an act of unauthorized first aid. He claimed to have been a trained first aider in the past, although he did not possess current certification. He felt he was being scapegoated, particularly as his line manager and a qualified first aider were present at the time.

The disciplinary panel rejected Burke's defense, stating there was no evidence of his current first aid qualification. They found that providing even minimal assistance in cleaning a wound constituted first aid, especially when performed without authorization and in breach of procedure. The panel also noted that he failed to report the incident or seek help from the on-duty first aiders.

An employment tribunal upheld the dismissal, with the judge ruling that Burke's actions amounted to first aid, regardless of his qualification status. The judge emphasized that a trained first aider was present and available, making Burke's intervention unnecessary and unauthorized. The judge stated that handing a tissue to wipe blood, whether dried or flowing, could reasonably be regarded as first aid.

Burke then appealed to the Employment Appeal Tribunal, arguing that his dismissal was an excessive punishment for a minor act of kindness. He reiterated that he did not consider his action to be first aid but rather a common human response. However, the appeal judge found no error of law in the previous ruling and concluded that the club's decision to treat Burke's actions as unauthorized first aid was justified. The appeal was subsequently dismissed.