Claimant v Gloucestershire County Council
Outcome
Individual claims
The tribunal found the dismissal unfair because the investigation was fundamentally flawed. The claimant was not told the substance of allegations until his interview, was not given opportunity to question witnesses, and the investigator failed to put the claimant's exculpatory evidence to the complainants. The investigation was not sufficiently thorough given the seriousness of the allegations and their career-ending consequences. The disciplinary and appeal processes compounded these defects rather than remedying them.
Facts
Mr Hatch was a firefighter with nearly 20 years' service dismissed for gross misconduct following allegations of inappropriate physical contact and language by two female firefighters. The most serious allegations included touching a colleague's shirt near her breasts, squeezing a colleague's buttock during a hug, and continued inappropriate greetings despite being told to stop. Mr Hatch adamantly denied the most serious allegations and said all interactions were part of the reciprocal workplace banter culture. He was suspended on 11 September 2023 but not told the substance of allegations until his investigatory interview on 13 November 2023, causing him severe anxiety. He was dismissed on 21 February 2024 following a disciplinary hearing and his appeal was rejected on 24 April 2024.
Decision
The tribunal found the dismissal unfair because the investigation was fundamentally flawed. The claimant was not informed of the detailed allegations until his interview despite repeated requests, denying him proper opportunity to prepare. The investigator failed to re-interview the complainants to put the claimant's version of events to them, witnesses did not attend the disciplinary hearing for cross-examination, and there were no signed witness statements. The tribunal found the investigation did not meet the standard of thoroughness required given the seriousness of the allegations and their career-ending consequences for the claimant. The disciplinary hearing and appeal compounded rather than remedied these procedural defects.
Practical note
Even with a genuine belief in gross misconduct, a dismissal will be unfair if the investigation is not sufficiently thorough given the gravity of allegations and consequences for the employee, particularly where exculpatory evidence is not properly explored and witnesses are not made available for questioning.
Legal authorities cited
Statutes
Case details
- Case number
- 6002013/2024
- Decision date
- 12 September 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Name
- Gloucestershire County Council
- Sector
- local government
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Firefighter
- Service
- 20 years
Claimant representation
- Represented
- No