In a surprising twist, two former firefighters who were dismissed from their positions after being accused of misconduct are now set to receive compensation.
Gareth Hancock and Daniel Phillips, both previously employed by South Wales Fire and Rescue Service, had their careers abruptly ended under contentious circumstances, but an employment tribunal has ruled that their dismissals were unjust.
Incident and Investigation
The controversy began in June 2023 when Hancock and Phillips, along with a group of friends, visited Yumee’s Chinese Takeaway after a night of drinking.
The pair reportedly consumed between six to eight pints each before heading to the restaurant.
The situation escalated when the takeaway’s owner complained about their behavior, including allegations of urinating on the floor, making racial remarks, and attempting to provoke a fight.
The incident was captured on CCTV, leading to an investigation.
Disciplinary Actions and Fallout
Following the complaint, Hancock and Phillips, along with two other colleagues who were also present, were suspended.
Hancock faced arrest on charges including criminal damage and indecent exposure, although he was later released on bail.
The subsequent investigation, which included interviews with the men, did not initially allow them to view the CCTV footage.
By July 2023, Hancock was informed of the allegations against him and was called to a disciplinary meeting in August.
The panel found him guilty of gross misconduct and terminated his employment without notice.
Despite an appeal, Hancock’s dismissal was upheld.
Phillips was also under scrutiny for racially abusing staff, but he was later cleared of racism.
However, it was discovered that he had filmed Hancock’s behavior and laughed during the incident.
At a similar disciplinary meeting, Phillips was found guilty of gross misconduct and dismissed as well, a decision that was also upheld on appeal.
Tribunal Ruling
Employment Judge Stephen Povey criticized the fire service’s handling of the case, noting significant flaws in the disciplinary process.
The judge found that the panel had prejudged Hancock’s guilt, which unfairly affected Phillips’ case.
Povey highlighted that the evidence supporting the allegations was insufficient and that the investigation and subsequent decisions were flawed.
As a result, the dismissals of both men were deemed not substantively fair.
Next Steps
The exact amount of compensation for Hancock and Phillips will be determined at a later date.
The case underscores the importance of fair and transparent disciplinary processes in maintaining justice for all parties involved.
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