Avon Fire and Rescue firefighter loses ‘unfair dismissal’ claim

A former firefighter has lost his claim of unfair dismissal after resigning over a disciplinary process which found he failed to intervene in workplace conflict.

Watch manager Simon Bailey resigned from Avon Fire and Rescue Service in 2023 after receiving a final written warning and being transferred to an office-based role.

The sanctions came after a tribunal upheld a formal complaint against him from female firefighter Sasha Acheson, regarding sexism and bullying in the workplace.

Mr Bailey launched the claim of constructive unfair dismissal in July, citing breach of trust and confidence in how the fire service handled the allegations.

Constructive unfair dismissal is when an employee resigns from their job because their employer has committed a fundamental breach of their contract – effectively forcing them out.

Mr Bailey resigned in September 2023 after a misconduct panel largely upheld Ms Acheson’s complaints, and imposed what he considered disproportionate sanctions.

But in the report, published on 25 November, Judge Richard Woodhead ultimately concluded the fire service acted reasonably, the disciplinary process was fair, and Mr Bailey was not constructively dismissed.

As watch manager, it was part of Mr Bailey’s role to challenge unacceptable behaviour among colleagues, the report stated.

The investigation found evidence of sexist jokes on Mr Bailey’s watch that he failed to challenge – including the repeated use of the outdated term “fireman”.

It also criticised his handling of an informal mediation which escalated into a heated exchange between Ms Acheson and another crew manager on 17 July 2021.

The report said Mr Bailey described this colleague as “mildly aggressive” during the incident, puffing his chest and gesticulating very close to Ms Acheson.

The report stated his apparent justification for not bringing the meeting to an end sooner relied on the fact that Ms Acheson “appeared to be giving as good as she got”.

The tribunal ruled Mr Bailey failed in his duties by “misjudging and mishandling the situation” by not intervening, despite signs of intimidation and a potential physical altercation.

Judge Woodhead stated: “I believe that, as the line manager, you should have intervened given the way [the crew manager’s] actions made Ms Acheson feel, and it would have been reasonable to be concerned about an escalation and/or threat of harm.”

It added Mr Bailey’s leadership style fell short of values of respect and inclusivity, thus risking reputational harm and undermining public trust in the organisation.

Judge Woodhead ultimately concluded the fire service’s actions were within the range of reasonable responses and did not amount to a breach of contract.

Mr Bailey’s claim for constructive dismissal was therefore rejected.

Following the outcome, chief fire officer Matt Cook told the BBC: “I take allegations of discrimination and harassment extremely seriously and I will always act to ensure that our values and standards are upheld.

“I remain focused on improving our workplace to ensure all colleagues feel safe, supported and respected.”