Frontline firefighter Kerry Baigent, a former Cambridgeshire rep for the Fire Brigades Union (FBU) and the former national secretary of the union’s National Womens’ Committee, has won an employment tribunal decision against Cambridgeshire Fire & Rescue Service (CFRS). The Judge found she had been unfairly constructively dismissed due to an “irrational and perverse exercise”.
On Wednesday this week (5th August) Ms Baigent learned that she had won her case for constructive unfair dismissal against CFRS, and is to be awarded almost £10k in compensation. The tribunal, which lasted for three days, heard that the decision to alter Ms Baigent’s working arrangements had been taken ‘behind closed doors based on incorrect information and in circumstances that entirely lacked transparency’. The FBU’s solicitors Thompsons describe the victory as a ‘comprehensive win’ for Ms Baigent and for the FBU.
The tribunal found that CFRS had made a decision to impose an untenable working pattern on Ms Baigent, who had been a frontline firefighter for 21 years. Ms Baigent had previously been successfully managing her full-time work as a firefighter around her family life by working her 48-hours of day and night shifts in Cambridge allowing her three rota days in which to travel back to her home and family in Somerset before her next shift started again in Cambridge. The Judge also noted that Ms Baigent was able to carry out much of her work as an elected union rep on these rota days.
But her employers compulsorily transferred Ms Baigent on 1st July 2014 to one of only two fire stations in Cambridgeshire that work five consecutive day shifts each week. This despite evidence that Ms Baigent’s firefighting skill-set and circumstances meant she should not have been selected. She appealed and fought hard to get the decision reversed and requested transfers to other stations but CFRS refused and Ms Baigent was forced to resign in August 2014.
Ms Baigent said: “Firefighting was a career I loved and I was desperate not to give it up. I was forced out of my job by the actions of a senior management team who made a clear decision to make my working life untenable. I am pleased the judge found in my favour and that the disgraceful conduct and culture of CFRS senior management has been exposed to the public. However I loved being a firefighter and serving my community and I will never forgive those that took that from me. I hope my legal victory inspires firefighters in similar positions to fight back. The message to cowardly, authoritarian fire service managers everywhere is clear: if you pick on firefighters, the FBU will take you on.”
Keith Handscomb, FBU Executive Member added: “This landmark case has left the collective integrity of Cambridgeshire’s senior management team in tatters. A lack of trust and confidence now hangs over every firefighter in Cambridgeshire and every decision their senior management team makes. Their actions are also a slur on the reputation of Cambridgeshire Fire and Rescue Service.
“Kerry was a well-regarded firefighter who served the people of Cambridgeshire professionally and courageously. She represented her work mates diligently as their union rep and led campaigns against cuts to the Service. Her treatment at the hands of faceless managers was disgraceful, and no amount of downplaying or spin can detract from the fact that a respected firefighter has been disgracefully and unfairly dismissed.
“In the interests of restoring trust and confidence, I urge one or more of the senior managers responsible to now do the honourable thing by holding their hands up for their decisions and the unfair treatment they have been found to have meted out? If they refuse, then the fire authority quite simply has little choice but to take action themselves.
“Questions should also be asked about how much it has cost the tax-payers of Cambridgeshire to try defending the unfair treatment and dismissal of a long-serving, well-respected firefighter and elected union representative?”
