A senior fire service manager has been awarded nearly £20,000 after an employment tribunal found he was unfairly dismissed for throwing a disabled man's mobile phone into a hedge during a confrontation.
The Incident That Sparked the Dismissal
Mark Rodda, 53, was serving as a group manager for Cornwall Fire and Rescue Service when the incident occurred in September 2021. The confrontation took place when Rodda visited the home of a vulnerable service user who had been making persistent complaints about fire safety issues at his property.
During the heated exchange, the disabled man began recording the conversation on his mobile phone. Tribunal documents reveal that Rodda, feeling provoked, snatched the device and threw it into a nearby hedge before leaving the property.
Employment Tribunal Findings
The employment tribunal in Bristol heard that while Rodda's actions were "inappropriate," they didn't constitute gross misconduct warranting immediate dismissal. The panel noted that the fire service had failed to properly consider Rodda's lengthy unblemished record and the context of the challenging situation.
Judge Jonathan Brain stated: "While we do not condone Mr Rodda's behaviour, the response was disproportionate. The dismissal process was fundamentally flawed."
Career Consequences and Compensation
Rodda, who had dedicated 17 years to the fire service, lost his £58,000-per-year position following an internal investigation. The tribunal heard evidence that the disabled man involved had been making frequent and often abusive communications to the fire service prior to the incident.
The panel awarded Rodda £19,963 in compensation, taking into account both the unfair dismissal and the fire service's failure to follow proper procedures. However, the award was reduced by 25% to reflect Rodda's own contribution to his dismissal through his misconduct.
Broader Implications for Public Service
This case highlights the complex challenges faced by public service employees when dealing with vulnerable individuals while maintaining professional standards. The ruling emphasises that even serious misconduct must be handled through fair procedures that consider an employee's overall record and the circumstances surrounding the incident.
Cornwall Fire and Rescue Service has been approached for comment regarding the tribunal's decision and whether they plan to appeal the ruling.
