Two firefighters who were dismissed for gross misconduct following an incident where one urinated in a Chinese takeaway and made racist comments have successfully won an unfair dismissal claim. Gareth Hancock and Daniel Phillips, who were based at Ebbw Vale until their dismissal in August 2023, were found to have been unfairly dismissed by South Wales Fire and Rescue Service after an employment tribunal.
The tribunal revealed that the firefighters, along with a third colleague, were fired after a drunken night out that culminated at Yumee’s Chinese Takeaway in Tredegar. The complaint reported that Gareth Hancock had urinated on the takeaway floor, racially abused the owners and their family, and attempted to provoke a fight. Allegedly, the other firefighters did not prevent or address his actions.
Following an investigation by the fire service, Gareth Hancock and Daniel Phillips were terminated. A third firefighter involved, Luke Moreton, did not pursue further legal action. The claims against a fourth firefighter, Gareth Jones, were not substantiated.
The employment Judge ruled that Gareth Hancock and Daniel Phillips were unfairly dismissed due to the flawed handling of the disciplinary process by the fire service. The Judge highlighted that crucial evidence was not presented to the claimants during the hearings, making the process unjust. Concerns were raised about the disciplinary and appeals panels’ inability to address inconsistencies in the evidence.
The Judge questioned the impartiality of the appeals panel, as one member had been part of the initial investigation. A future hearing will determine the appropriate remedy for both claimants. South Wales Fire and Rescue Service stated that they are reviewing the tribunal verdict and seeking legal advice before making further comments.
This incident serves as a reminder of the importance of fair and thorough disciplinary procedures in the workplace. It also underscores the significance of upholding professional conduct and respect, particularly in roles that involve public service and community trust. The outcome of this case will likely prompt organisations to re-evaluate their disciplinary processes to ensure transparency and fairness in similar situations.