Swimming teacher dismissed for 'it looks like you work out' comment to pupil
A swimming teacher with 8 years' service was fairly dismissed for gross misconduct after telling a 10-year-old pupil 'it looks like you work out'. The Leeds tribunal upheld the employer's decision, citing safeguarding concerns.
1 min read · Last updated 18 May 2026
Case details
- #swimming-teacher
- #inappropriate-comment
- #safeguarding
- #gross-misconduct
- #first-offence
- #reputational-damage
Key facts
- The claimant made a comment to a 10-11 year old female pupil that 'it looks like you work out'.
- The school complained the same day, stating the comment made the pupil and teacher uncomfortable.
- The claimant was suspended on 1 October 2022 and dismissed on 11 October 2022 for gross misconduct.
- The claimant accepted making the comment and that it was inappropriate.
- The respondent referred the matter to LADO and DBS, though no action was taken by those bodies.
Timeline
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Employment start
The claimant began working as a swimming teacher for the respondent.
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Incident
During a swimming lesson, the claimant told a female pupil 'it looks like you work out'. The school complained the same day.
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Suspension
The claimant was suspended on full pay pending investigation.
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Dismissal
After a disciplinary hearing, the claimant was dismissed with immediate effect for gross misconduct due to safeguarding concerns.
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Appeal dismissed
The claimant's appeal against dismissal was upheld.
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Tribunal hearing
The employment tribunal heard the case at Leeds Employment Tribunal.
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Judgment
The tribunal dismissed both the unfair dismissal and wrongful dismissal claims.
The legal issue
The tribunal had to decide whether the employer's decision to dismiss for gross misconduct was fair under section 98(4) of the Employment Rights Act 1996, considering the nature of the comment, the employer's investigation, and whether dismissal was within the range of reasonable responses.
The outcome
The tribunal dismissed both the unfair dismissal and wrongful dismissal claims.
- The employer genuinely believed the claimant was guilty of misconduct, based on his admission that he made the comment and that it was inappropriate.
- The investigation was reasonable given the undisputed facts, and the procedure was fair.
- The dismissal was within the range of reasonable responses because the comment raised safeguarding concerns and could damage the employer's reputation.
- No compensation was awarded as the claims were dismissed in full.
Lessons & takeaways
- Employers can fairly dismiss for a single inappropriate comment if it raises safeguarding concerns, even for a long-serving employee with no previous disciplinary issues.
- A swift investigation and disciplinary process (here, 11 days from incident to dismissal) can be reasonable when the facts are not in dispute.
- Referrals to safeguarding bodies like LADO and DBS, even if they take no action, support the employer's case that they took the matter seriously.
- Admitting the misconduct does not automatically make the dismissal unfair; the focus is on whether the employer's response was reasonable.
This case shows how a single ill-judged comment can end a career, even for a long-serving employee. The swimming teacher, who had worked for Doncaster Culture & Leisure Trust for over eight years, told a 10-year-old pupil 'it looks like you work out'. The school complained the same day, and the teacher was suspended and dismissed within 11 days.
What the employer did right
The trust acted swiftly. They suspended the teacher on full pay, investigated the same day, and held a disciplinary hearing within 10 days. The teacher admitted the comment and accepted it was inappropriate. The trust referred the matter to the Local Authority Designated Officer (LADO) and the Disclosure and Barring Service (DBS), even though neither body took further action. The tribunal found this was a reasonable response given the safeguarding context.
What the employee argued
The teacher argued that dismissal was too harsh for a first offence and that the comment was a one-off mistake. However, the tribunal noted that the comment was made to a child, which raised safeguarding concerns and could damage the trust's reputation. The fact that the teacher had no previous disciplinary issues did not make the dismissal unfair.
Why this matters
This case is a reminder that in roles involving children, even a single inappropriate comment can justify dismissal. Employers must balance the employee's length of service and clean record against the need to protect children and maintain public trust. The tribunal's decision confirms that a swift, fair process and a genuine belief in misconduct can outweigh mitigating factors.
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