A LATE-NIGHT takeaway after a drinking session with colleagues has led to the unfair dismissal of two South Wales firefighters, an Employment Tribunal has ruled.
Firefighter Gareth Hancock and watch manager Daniel Phillips, both previously stationed at Ebbw Vale, were dismissed following an incident at Yumees’ Chinese takeaway in Tredegar in June 2022. The disciplinary action was taken in August 2023, with both men losing their jobs. However, an Employment Judge has now determined that the South Wales Fire and Rescue Service’s handling of their dismissals was fundamentally flawed.
The tribunal heard that the events unfolded after Hancock had consumed approximately eight pints of alcohol. He allegedly urinated on the floor of the takeaway, directed racist comments towards the owner’s family, and attempted to instigate a fight, prompting the takeaway owner to report the matter to the police. Phillips, his colleague, was accused of laughing at Hancock’s behaviour and filming the incident on his phone.
Both men were subsequently sacked for gross misconduct following an internal investigation, which included reviewing CCTV footage from the premises. Despite their arguments that the penalties were excessively harsh, their appeals were rejected at the time.
A third firefighter, Luke Moreton, was also dismissed over the incident but chose not to pursue legal action. Allegations against a fourth man, watch manager Gareth Jones, were found unproven.
Employment Judge Stephen Povey, who presided over the case, ruled that although the investigation into the incident was adequate, the Fire Service’s disciplinary process was seriously flawed. He criticised the way evidence had been handled, noting that the claimants had not been shown all the evidence against them nor given proper explanations for the decisions made. He also found the order of the hearings, and the composition of the appeals panel, to be unfair, pointing out that one of the panel members had been involved in the initial investigation.
“There were significant and fundamental flaws in how the respondents conducted the disciplinary proceedings against both claimants,” Judge Povey stated. He emphasised that his ruling did not determine the innocence or guilt of either man, as that was beyond the scope of his remit.
A further hearing will now be held to decide the financial compensation due to Hancock and Phillips.
