Simon Bailey, a former Watch Manager for Avon Fire & Rescue Service has lost his claim of unfair dismissal after resigning over a disciplinary process which found he did not intervene in workplace conflict and a culture of sexism, despite it being his role to challenge unacceptable behaviour.
Background
A grievance was raised by a female firefighter who alleged sexism and bullying in the workplace, including the use of outdated language, sexist remarks and harassment on the grounds of sex and sexual orientation.
An internal investigation found that the work environment had โpersistent sexual derogatory and offensive commentsโ towards women and accepted that the culture was ‘discriminatory’. Mr Bailey was disciplined for failing to challenge unacceptable behaviour among colleagues. He received a 12โmonth final written warning and was transferred from operational duties to an office-based role. He subsequently took sick leave and later resigned, after which he launched a claim of constructive unfair dismissal, citing breach of trust and confidence in how the Fire Service handled the allegations.
Tribunal Findings
As Watch Manager, the Tribunal found that Mr Bailey failed in his duty to challenge unacceptable behaviour among colleagues, that he did not intervene when sexist jokes were made or address use of outdated language. He was also found to have mishandled both informal mediation and formal grievance procedures.
The Tribunal found that imposing a final written warning and the subsequent outcome did not amount to a breach of contract and Mr Baileyโs resignation was therefore not classed as constructive dismissal.
Key Takeaways
New legislation requiring all employers to takeย โreasonableโย steps to prevent sexual harassment in the workplace means it is more important than ever that unwanted conduct is appropriately addressed. This case highlights important takeaways for employers, particularly in traditionally maleโdominated workplaces:
- Managers and supervisors who do not address or challenge sexist behaviour can be held accountable.
- Act promptly when a complaint is raised and action fairly and impartially.
- Provide regular diversity, inclusion and harassment training for all employees to strengthen awareness.
- Implement robust policies to help prevent issues and protect the organisation if disputes arise.
- A culture that tolerates โbanterโ can risk legal liability and reputational damage.
If you need more tailored support updating policies and procedures in this regards, EML are here to help! Get in touch on 01942 727200 or at enquiries@employeemanagement.co.uk and speak with our team of experts today.
To ensure managers and supervisors are fully aware of their responsibilities in creating an inclusive, respectful workplace, we also have a range of CPD-certifiedย online courses including โPreventing Sexual Harassment in the Workplaceโ and โBullying & Harassment in the Workplaceโ. Each course provides interactive, bite-sized management and professional training from as little asย ยฃ25ย per employee, per course.ย Get in touch for more details.
