Mr R Moss v Staffordshire Fire and Rescue Service — 2023

The Tribunal heard complaints under the Employment Rights Act 1996 and the Equality Act 2010 brought by Mr Moss, a long-serving firefighter, arising from a reduction of his pay to half occupational sick pay, the commencement of a capability process, and his dismissal on 19 January 2021. The Tribunal found that the reason or principal reason for dismissal was capability, a potentially fair reason, and not the Claimant's trade union activities. The complaints of unauthorised deductions from wages, discrimination arising from disability, indirect disability discrimination, and failure to make reasonable adjustments were all dismissed.

The complaint of ordinary unfair dismissal was well-founded. The Tribunal concluded that the combination of the dismissing officer (Mr Watts) not being properly updated on the Claimant's medical position, several grounds on which the Respondent could reasonably have waited longer, and the Respondent's failure properly to address alternatives to dismissal took the decision outside the range of reasonable responses. The Tribunal weighed in the balance that the Claimant had 28 years' service and had not been given any formal warning. It also found the appeal, while conducted fairly in form, did not cure the underlying issues because the appeal officer did not have the most recent occupational health reports and did not properly consider whether the Respondent could reasonably have waited longer.

The Tribunal also dismissed a strike-out application brought by the Claimant in respect of a letter sent by the Respondent's solicitors to a witness reminding him of obligations under a settlement agreement, concluding the letter could have been better worded but did not amount to scandalous, unreasonable or vexatious conduct. Remedy for unfair dismissal was deferred to a further hearing.