In person For the v Respondent — 2019

The tribunal found that the claimant was an employee of the Fire Brigades Union rather than merely an elected office-holder. It relied on the claimant’s full-time paid role, the requirement for personal service, the Union’s control over his work, the provision of office equipment and travel, and the fact that he was expected to work exclusively for the Union.

On the unfair dismissal claim, the tribunal held that the disciplinary process arising from the claimant’s appearance at the Leave Means Leave rally on 29 March 2019 was unfair. It found that complaints 1 and 2 were dismissed for lack of evidence, but complaints 3, 4, 5 and 6 were upheld. The tribunal considered that the investigation was flawed from the outset, that the 2016 Conference policy no longer applied after the referendum, and that the claimant’s speech did not criticise the FBU in the way alleged. It concluded that the dismissal was not a reasonable response and did not fall within the band of reasonable responses available to a reasonable employer.

The tribunal also considered the Equality Act claim based on philosophical belief. It held that the claimant’s belief in National Independence was genuine, of sufficient weight and capable of protection as a philosophical belief under section 10 of the Equality Act 2010 and the Grainger criteria. However, it was not satisfied that the respondent dismissed him because of that belief, and it therefore rejected the discrimination claim. The supplied judgment text does not record any monetary remedy.