LTB 758/10 - FIRE-FIGHTER WINS PAYOUT

[brothermagrew]

LTB 758/10 - FIRE-FIGHTER SACKED FOR SENDING AN EMAIL TO PROTECT SAFETY GETS £80k PAYOUT IN GROUND BREAKING CASE


LTB No. 758/10
Ref
Date: 6 September 2010

To: All Branches

Dear Colleagues

FIRE-FIGHTER SACKED FOR SENDING AN EMAIL TO PROTECT SAFETY GETS £80k PAYOUT IN GROUND BREAKING CASE

A Firefighter has won £80,000 in damages after an employment tribunal found he was unfairly dismissed after raising health and safety concerns.

FBU member Christopher Bennett, who has arthritis, was fired for gross misconduct for sending an email to colleagues asking whether the reclining chairs provided at work were caused back pain.

The Fire Brigades Union and Thompsons Solicitors secured the ground breaking victory for firefighter Christopher Bennett after he was sacked for sending an email to colleagues about the fire service’s insistence that he used a chair that was injuring his back on nightshifts at work.

The Tribunal found that his right to freedom of expression under the Human Rights Act had been breached and that his dismissal was unfair.


Christopher Bennett who suffered back problems had over 25 years service with GMFRA and sent an email in February 2008 to colleagues referring to
an article which appeared in the Manchester Evening News on 29 November 2007, headlined ‘Firefighters sue brigade ‘after hurting backs on station
chairs’.

In 2007 Mr Bennett had asked the authority to make reasonable adjustments under the Disability Discrimination Act by permitting him to use his own
rest mattress, as an alternative “horizontal” form of resting during nightshifts. Mr Bennett’s request to use his own mattress had been refused and he was told only to use the rest facility provided by GMFRA or rest on the benches in the snooker room.

After a 7 day Hearing in June and September 2009 the Tribunal found that the email was of political and public interest in that firefighters should be alert and fit to go about their business of fighting fires and effecting rescues. The Tribunal went on to find that Mr Bennett was seeking in his own way to protect firefighters health and public safety.

Thompsons secured an out-of-court settlement of £80,000 more than the statutory cap for these types of cases.


Steve Shelton, Fire Brigades Union official who had represented Mr Bennett during his disciplinary hearings, said that Chris had been treated unfairly and that the mitigating circumstances involved in his case had been ignored. To lose his job for speaking out about his concerns for safety was a sanction too far. He added that it was reassuring to know that the law recognises this and that the Union's lawyers were able to successfully argue that the Human Rights Act be applied to Chris Bennett’s case.

Mr Bennett said that without the support of the Fire Brigades Union he would not have been able to get justice in his case. He was aware that the case
would be breaking new ground if he could convince the Tribunal to apply the Human Rights Act. He thanked the judges for backing him and his case.

Yours Sincerely

Dave Joyce
National Health, Safety & Environment Officer

[DGP1]

FBU member Christopher Bennett, who has arthritis, was fired for gross misconduct for sending an email to colleagues asking whether the reclining chairs provided at work were caused back pain.

The managers are f***** then................we don't have have any chairs