Claimant v Norfolk Fire and Rescue Service / Norfolk County Council

The tribunal found the claimant was unfairly dismissed on procedural grounds. There were numerous procedural failings including: failure to interview key witnesses, failure to obtain full video footage, failure to obtain medical evidence about PTSD as a contributory factor, inappropriate instruction from senior management restricting the investigation, and failure to put dishonesty charge expressly to the claimant. The cumulative effect of these failings meant the procedure was outside the band of reasonable responses.

The tribunal found on the balance of probabilities that the claimant did grab Mr Evans' phone and throw it away. This conduct was gross misconduct justifying summary dismissal. The respondent was therefore entitled to dismiss without notice, and the claim for notice pay failed.

The tribunal was not persuaded that the claimant's conduct in grabbing and throwing away the phone was something arising in consequence of his PTSD. The medical evidence and the claimant's own evidence in cross-examination did not establish the necessary causal link. The claimant stated 'anyone would react' in the same way to protect themselves, suggesting his reaction was not specifically linked to his PTSD.

The claim was dismissed as out of time. The tribunal found the respondent should have implemented conflict management training by late 2022, but the claim was not presented until February 2024. This was significantly out of time and the tribunal declined to exercise discretion to extend time on just and equitable grounds, as the claimant provided no adequate reason for the delay.