Mr G Stafford v North West Ambulance Service NHS Trust — 2023

Mr G Stafford, an Emergency Medical Technician, was dismissed by North West Ambulance Service NHS Trust for gross misconduct on 7 September 2022. The tribunal recorded that the allegations arose from a complaint by his colleague, Simon Evens, about crude sexual remarks, a discussion about paedophilia, and the claimant showing photographs of children taken in his voluntary Scout work.

The tribunal found that the respondent dismissed the claimant for misconduct and that this was a potentially fair reason under section 98 of the Employment Rights Act 1996. It held that the respondent’s belief that the misconduct had occurred was genuine, that there were reasonable grounds for that belief, and that the investigation was within the band of reasonable responses. The tribunal noted the claimant’s case that SE held a grudge from an earlier disagreement in December 2020, but rejected that contention on the evidence.

On sanction, the tribunal accepted that the employer was entitled to treat the conduct as gross misconduct and to conclude that summary dismissal was within the range of reasonable responses. It also found that the appeal process was fair and reasonable, with an independent appeal panel considering the evidence and the claimant’s grounds of appeal. The claim of unfair dismissal was therefore dismissed.