Mr P Langton v Buckinghamshire Fire and Rescue Service — 2025

The claimant, a firefighter and crew commander, was dismissed without notice for gross misconduct after remarks made at a meeting on 22 December 2022 relating to a female member of the public whose rescue he had been involved in. He accepted misconduct and that the conduct was the reason for dismissal, but argued that summary dismissal was not an appropriate sanction and that the disciplinary process was flawed.

The tribunal found the dismissal unfair because of the cumulative effect of procedural and decision-making features, including reliance on material that should have been disregarded, findings about the comments and their seriousness, and the approach to mitigation and prior matters. The tribunal concluded that no reasonable employer would have dismissed in those circumstances.

No Polkey reduction was made because the tribunal considered that assigning a percentage chance of fair dismissal would be speculative. The tribunal found the claimant's conduct was blameworthy and contributed to the dismissal, and held it just and equitable to reduce both the compensatory and basic awards by 65%, with remedy to be addressed separately.