Another Fantastic Victory: Brother Kevin Hughes Reinstated
CIRCULAR 2011HOC0160MW
4 April 2011
TO: ALL MEMBERS
Dear Brother/Sister
Circular 2011HOC0142MW reported that the FBU had finally won justice, in the form of reinstatement, back pay, pension and compensation, for victimised member Steve Godward.
I am very pleased to report that we have won a further significant victory against victimisation in the case of Merseyside member, Brother Kevin Hughes. Kevin was disciplined and sacked on 22 July 2009. This followed allegations relating to an incident outside of work involving an argument about strike-breaking.
The dismissal resulted in industrial action in Merseyside. The outcome of which included an agreement that in the event of Kevin Hughes winning reinstatement at an Employment Tribunal, the Fire Authority would respect such a reinstatement notice.
It is important to note that Employment Tribunals rarely grant reinstatement orders (less than 1% of cases), and regrettably employers frequently ignore such orders.
On the 10 September 2010, the Tribunal found in favour of Kevin; in that he was unfairly dismissed on the grounds that the decision to dismiss him was outside the range of reasonable responses, an employer was entitled to make in the circumstances. Particular emphasis was placed on the fact that the relevant incident, which the matter concerned, took place outside of work and therefore did not affect Kevin’s ability to perform his role.
Paragraph 46 of the Judgment stated: “We cannot accept that Fire Officers are in a special position vis-à-vis the members of the public in the way, say, a police officer is. In our view they are like any other employee in any walk of life. On the findings of Mr Timmins we would not expect such an incident to lead to dismissal and no reasonable employer would have dismissed.”
The employer refused immediate reinstatement and the case proceeded to a remedy hearing on 21 February 2011. Prior to the remedy hearing taking place Merseyside FRS confirmed that reinstatement would not be offered.
On 11 March 2011 the Tribunal ordered that Kevin be reinstated to his post of Firefighter by 4 April 2011. He was also awarded compensation and the restoration of all pension contributions. The Merseyside Fire and Rescue Authority have now reinstated Kevin and he has completed re-familiarisation training and starts back at his station this week.
Like the case of Steve Godward, this case has been long and difficult. The FBU has always had confidence in our case against victimisation and I am sure all members will join me in wishing Brother Hughes all the best for his return to work.
Best wishes.
Yours fraternally
MATT WRACK
GENERAL SECRETARY
MW/sll
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