Claimant v West Midlands Fire Service
Outcome
Individual claims
The tribunal heard evidence over two days and determined that the dismissal was fair. The tribunal found that the respondent had acted within the range of reasonable responses available to a reasonable employer in the circumstances.
The tribunal determined that the respondent had not breached the claimant's contract in effecting the dismissal. The dismissal was lawful and the respondent had not failed to provide proper notice or pay in lieu.
Facts
Russell Hawthorne was employed by West Midlands Fire Service and was dismissed. He brought claims for unfair dismissal and wrongful dismissal, appearing in person at the tribunal. The respondent was represented by counsel and contested both claims. The hearing took place over two days via video link.
Decision
The tribunal dismissed both claims, finding that the dismissal was both fair and lawful. The tribunal determined the respondent had acted reasonably in treating the reason for dismissal as sufficient grounds and had not breached the claimant's contract.
Practical note
A self-represented claimant challenging dismissal by a public sector employer faces significant evidential and legal hurdles when the employer can demonstrate fair procedure and lawful contractual termination.
Case details
- Case number
- 6012271/2024
- Decision date
- 9 May 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Name
- West Midlands Fire Service
- Sector
- emergency services
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No