Two firefighters who were sacked for gross misconduct after an incident where one urinated in a Chinese takeaway and made racist comments have won an unfair dismissal claim and will be awarded a financial settlement. Firefighters Gareth Hancock and Daniel Phillips, previously stationed at Ebbw Vale until their dismissal in August 2023, were found to have been unfairly dismissed by South Wales Fire and Rescue Service following an employment tribunal.
The men, along with a third firefighter, were dismissed after a drunken night out that culminated at Yumee’s Chinese Takeaway in Tredegar. The tribunal revealed that on Friday, June 2, 2023, the men had been drinking at a local pub before heading to the takeaway. The following day, a complaint was lodged with the fire service by the takeaway, alleging Gareth Hancock had urinated on the floor, made racist remarks towards the owners and their family, and attempted to start a fight. No action was taken by the other individuals to stop or address his behaviour.
Following an investigation by the fire service, Gareth Hancock and Daniel Phillips were terminated. A third individual present at the incident, Luke Moreton, did not pursue further legal action, and allegations against a fourth firefighter, Gareth Jones, were not substantiated. The employment Judge ruled that Gareth Hancock and Daniel Phillips were unfairly dismissed as the disciplinary process and appeals were flawed due to not all evidence being presented to them.
The Judge found Gareth Hancock was not provided with sufficient details on how the evidence was treated and how the findings were reached, hindering his ability to appeal meaningfully. In the case of Daniel Phillips, there was a lack of evidence showing he was aware of Hancock’s actions and failed to intervene. The Judge criticised the process for not disclosing all evidence and panel reasoning, deeming it unfair. Additional hearings will determine the remedy for both claimants.
South Wales Fire and Rescue Service responded stating they are reviewing the employment tribunal judgment and seeking legal counsel before further comments. For now, they refrain from providing further information.
The incident involving the firefighters at the Chinese takeaway has highlighted the importance of fair disciplinary procedures and transparency in decision-making within the workplace. The outcome of this case emphasises the significance of due process and accountability in handling misconduct allegations, ensuring justice for both the accused and affected parties.