Damien Burke v The Harrow Club

The EAT dismissed Damien Burke’s appeal against the dismissal of his unfair dismissal claim. The Tribunal found no error of law in the ET’s approach to the reason for dismissal.

This is an Employment Appeal Tribunal judgment. Damien Burke appealed against the dismissal of his unfair dismissal claim. The appeal was dismissed. The judgment is dated 17 September 2026.

The case concerned events on 10 July 2023 at a youth club. The employer investigated after police and local authority processes concluded. Mr Burke was summarily dismissed on 1 March 2024 for misconduct. The reasons were failure to follow safeguarding and incident procedures, giving first aid without authorisation, and dishonesty in his initial statement.