Staffordshire FBU brigade secretary Rob Moss was wrongly sacked on the grounds of capability, despite not being fitness tested for more than 12 months, an employment tribunal has found.
(Image courtesy of Richard Price Local Democracy Reporter)
Moss, 54, was dismissed from Staffordshire Fire and Rescue Service after 28 years of service. The tribunal found Staffordshire Fire and Rescue Service did not consider alternative roles for Moss before moving to dismiss him, this included giving consideration to him continuing as brigade secretary in a full-time capacity.
Moss had been elected as brigade secretary on the 30 November 2020 for a period of two years before his dismissal on 19 January 2021.
After it was found that his dismissal was unfair, Rob said he felt vindicated. “Justice has been done,” he said. “For a person already suffering depression, it has been a very challenging period. I’m looking forward to putting it behind me and getting on with the rest of my life.”
Before the dismissal, Moss had been based at Newcastle-under-Lyme station and had recently been put on a training programme to help him pass a fitness test following a return to work on modified duties after a period of over four months sickness absence, due to depression.
The judgment said he was dismissed for capability reasons, stating: “His complaint of unfair dismissal is therefore well-founded.”
Mark Rowe national officer said: “Rob has been supported throughout this period by the FBU and Thompsons Solicitors. Staffordshire Fire and Rescue Service could have settled this claim earlier and should have. What they proposed was not a reasonable settlement.
“This is an ordeal that Rob should never have been put through by a fire and rescue service that he dedicated over 28 years of his life to. Rob knew his dismissal was unfair, the FBU knew the dismissal was unfair and now Staffordshire management team know the dismissal was unfair.
“I hope they treat their firefighters better in future.”
A remedy hearing will be held at a later date, to consider what compensation Staffordshire Fire and Rescue Service should pay Rob for unfairly dismissing him.
