Flawed investigation resulted in an unfair dismissal

An employment tribunal has ruled that a firefighter, dismissed over allegations of inappropriate physical contact with colleagues, was removed from his role unfairly.

The tribunal found that the local authority responsible for the fire and rescue service carried out a disciplinary process that was seriously flawed. According to the judgment, the employer lacked a reasonable basis for concluding that the firefighter had committed the alleged acts of gross misconduct, which included claims of slapping colleagues, touching them without consent, and other unwanted physical interactions.

The firefighter, who had worked for the service for roughly two decades, was suspended after two colleagues came forward with complaints. However, he was not informed of the specific accusations for several weeks, which he said caused significant stress. An occupational health assessment later recorded that he was experiencing severe low mood related to the situation.

During a formal interview held approximately two months after his suspension, the firefighter denied the allegations, saying that joking behaviour and physical horseplay were a longstanding cultural norm in the workplace.

The tribunal criticised the investigation for failing to test the evidence properly. It noted that the investigator had simply gathered statements without scrutinising inconsistencies or seeking a full understanding of the working environment. The complainants’ accounts, the tribunal said, were accepted without challenge.

Similarly, the disciplinary hearing, which lasted under two hours, did not provide the firefighter with copies of witness statements and did not allow him to question those giving evidence. The decision-maker was found to have relied uncritically on the initial investigation instead of independently evaluating the facts.

The firefighter’s internal appeal was also dismissed, but the tribunal determined that the appeal officer did not meaningfully examine the shortcomings in the earlier stages of the process. The judgment highlighted that the appeal decision ignored the organisation’s own disciplinary procedures and failed to consider options such as pausing the appeal or returning the case for further investigation.

A separate hearing has been scheduled to determine whether the individual will receive compensation or be reinstated.

Even where misconduct allegations are serious, employers must follow a fair and transparent process. This case illustrates how organisations can undermine their own decisions when they fail to provide sufficient detail to the employee under investigation, neglect to share evidence, or overlook discrepancies in witness accounts. Should you require support to manage an internal investigation, contact 121 HR Solutions at enquiries@121hrsolutions.co.uk.

Flawed investigation resulted in an unfair dismissal

121 HR Solutions Ltd