Mr Paul Anthony Oldham v Nottinghamshire Fire and Rescue Service Record of an attended Hearing at the Employment Tribunal — 2024

The claimant was summarily dismissed for gross misconduct after a GIF of a gorilla was sent from his personal Instagram account to a Black colleague. An initial investigation in 2022 ended with the claimant being told the case was closed, but after the colleague brought a grievance in 2023 the respondent reopened the matter, suspended the claimant and dismissed him.

The tribunal found the unfair dismissal claim was well founded. The stated issue was the fairness of reopening disciplinary action almost a year after the claimant had been told the case was closed, and the respondent accepted that the additional evidence could have been available or obtained during the original investigation.

The tribunal also found contributory fault. It concluded that the claimant's failure to respond to two messages from his colleague after learning of the GIF was blameworthy, unreasonable and led directly to the decision to dismiss. The parties were to make further submissions at a remedy hearing on the percentage reduction to the basic and compensatory awards.