A man has been sacked from a youth club after handing a wet tissue to a teenager to wipe blood from his face following a fight in breach of health and safety rules.
Damien Burke, 45, was dismissed from his position of 13 years at a branch of the Harrow Club, set up in 1883 by Old Harrowians as part of the 'school mission' movement to aid disadvantaged children, in 2024.
Mr Burke was 'indignant' after being accused of breaching health and safety rules, which saw him sacked for gross misconduct.
The worker, who lives on an estate close to the Harrow Club's Old Oak branch in east Acton, was hauled up over disciplinary charges stemming from a brawl between two youths in July 2023.
They were involved in an 'altercation' at the club, which Mr Burke initially tried to calm down, before the conflict spilled outside. One fell to the ground, prompting Mr Burke to 'successfully intervene', a tribunal was told.
But the pair got into a fight after leaving the club before one returned to the youth club having lost a tooth and 'visibly bleeding' after being punched in the face.
Mr Burke gave a wet tissue to the teenager so he could wipe dried blood on his face and helped him look for the tooth outside.
But bosses deemed he had 'placed young children under his care at risk' by breaching safeguarding protocols by failing to report the incident, applying first aid without training, failing to notify a trained first aider, and not giving a full account of what happened in an initial statement.
Damien Burke, 45, was dismissed from his position of 13 years at a branch of the Old Oak branch of the Harrow Club after giving what was ruled as 'first aid' to a teenager
An 'indignant' Mr Burke challenged his March 2024 dismissal before an Employment Tribunal, which rejected his claim, before taking his case to the Employment Appeal Tribunal in London.
On appeal, Mr Burke, representing himself, insisted that giving a tissue to an injured child was a 'normal thing' for someone to do, but had his case rejected and his claim thrown out after a judge said the act could be regarded as first aid.
The Old Oak branch is one of a network run by the Harrow Club, an organisation set up in the Victorian era by philanthropists linked to Harrow School.
Despite the incident taking place in 2023, Mr Burke was not told of disciplinary proceedings until the following year.
Defending himself against the charges, Mr Burke insisted he had in fact been trained as a first aider, but that it was from a 'long time ago and he did not have the paper'.
He said he had given 'minimal assistance by offering wet tissue to clean a wound' and that he felt 'scapegoated' by his employers, as his line manager and a qualified first aider had been present at the time and could have taken charge.
Rejecting his arguments, the Harrow Club disciplinary panel said it could find no evidence of Mr Burke being a qualified first aider, also pointing out that the first aiders on duty at the time had confirmed that he did not report the incident or seek their support.
Giving their reasons for sacking him, the disciplinary panel found: 'We reject that providing "minimal assistance" of cleaning a wound does not amount to first aid. The young person had a missing tooth, which through your admissions you were providing medical assistance in cleaning their wound whilst neither qualified nor had permission in breach of the procedure.'
Mr Burke was also found to have failed to give a full account of the incident in his initial statement, while the panel concluded that his actions had 'placed young children under your care at risk'.
His line manager was also dismissed, partly in relation to the tissue incident.
Mr Burke's challenge to the employment tribunal was in turn rejected.
The tribunal judge said: 'I find that the claimant did indeed give what amounted to first aid and that, whatever the status of his qualifications may have been, he did so without that being authorised.
'I find it important to note that there was a first aider present at the time... This was not a case of someone acting when confronted by an emergency and when the first aider was not immediately available.
'I also find that handing a tissue or piece of tissue to wipe blood, whether it was dried blood or a modest quantity of flowing blood, may not have been the most technical piece of first aid, but was something that the respondent was entitled to regard as first aid nonetheless.'
In a final bid to win back his job, Mr Burke took his case to the Employment Appeal Tribunal, arguing that sacking him was excessive punishment for a simple act of kindness.
He said that he 'did not agree with the judge agreeing that me giving someone a piece of tissue to wipe a piece of visible dried blood would be me giving first aid.
'It's just a normal thing you may do if you see someone may need a piece of tissue, I did ask him before giving it if he wanted a piece of tissue as I could see a bit of blood, I did not think I was doing first aid,' he added.
But ruling against him, Employment Appeal Tribunal judge James Tayler said there was no error of law in the finding against Mr Burke, ruling that his bosses were justified in deciding that his actions amounted to giving first aid.
'The decision cannot be said to be perverse,' the judge explained, before concluding: 'I accept that the claimant was genuinely committed to the youths who attend, or attended, the club, who come from the estate where he lives.
'However, I am limited to considering the one ground of appeal that was permitted to proceed. The appeal is dismissed.'