Mr R Thomas v Mid and West Wales Fire & Rescue Service: 6015259/2024
JUDGMENT
[1]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed.[2]There is no deduction to reflect a chance that the claimant would have been fairly dismissed in any event.[3]The claimant caused or contributed to the dismissal by blameworthy conduct and it is just and equitable to reduce the compensatory award payable to the claimant by 40 %.[4]It is just and equitable to reduce the basic award payable to the claimant by 40% because of the claimant’s conduct before the dismissal.[5]The complaint of wrongful dismissal is not well founded and is dismissed. v3 10.2.25 1 Case No. 6015259/2024 Approved by:[1]I make an Order that the Claimant be re-engaged by the Respondent in other suitable employment, namely that of a firefighter, and on the following terms:a. Identity of the employer: Mid and West Wales Fire and Rescue Service.b. Nature of the employment: Firefighter at Swansea Central, Swansea West, Morriston, Llanelli, Neath, Port Talbot, Pontadawe or Ammanford fire station.c. Remuneration: In line with standard firefighter pay.d. Amount payable from the date of dismissal to the date of re-engagement: This figure is yet to be determined, either by consent between the parties or through a decision by the Tribunal, because the parties are still finalising disclosure of documents and calculation of the figures. It is, however, to be calculated on the basis that but for the dismissal the Claimant would have v3 10.2.25 1 Case No. 6015259/2024 received pay at the firefighter rate and not crew manager rate. The figure will also include a 40% reduction to reflect contributory fault.e. Rights and privileges to be restored: none specified save for those standard rights granted to all firefighters within the Respondent’s organisation.f. Compliance: within three months from the date of the Order.[2]The parties are to seek to agree the figure for the amount owed to the Claimant within 7 days. If agreement cannot be reached they must send their calculations and written comments to the Tribunal by that date. Employment Judge Harfield will then decide whether she can determine the figure on the papers, or whether a further short remedy hearing is required. Approved by: