'Should've intervened' | Firefighter who failed to act on workplace clash loses unfair dismissal claim

A long-serving firefighter, who resigned midway through a disciplinary process that found he failed to intervene in an inappropriate workplace incident, was not unfairly dismissed - an employment tribunal has ruled.

Mr S Bailey, who joined the service in 1996 and worked as Watch Manager B at Avonmouth Fire Station, resigned in September 2023 after receiving a final written warning and being moved from his operational duties. 

The tribunal found that his resignation was not the result of any fundamental breach of contract by the employer and dismissed his claim.

Disciplinary process followed grievance investigation

The case stemmed from a grievance raised by a former firefighter, [SA], which prompted an external investigation into conduct and culture on Avonmouth Green Watch. One of the core allegations put to Bailey stated: “You failed to effectively perform your duties as a Watch Manager by not challenging inappropriate, stereotypical, demeaning and/or offensive comments… in particular repeated use of the term ‘Fireman’ and comments about women that could be deemed sexist.”