A London Fire Brigade employee has been victorious in an unfair dismissal claim against his former employer, after a tribunal found his sacking for an altercation in a Tesco supermarket was unjustified.
Mr Kevin Gilchrist, who worked as a Programme and Change Manager, was dismissed for gross misconduct following an incident where he was alleged to have assaulted a woman by pushing a shopping trolley into her legs. The altercation reportedly began over a disputed queue position at the Tesco Express on Tooley Street, London.
Tribunal Finds Dismissal 'Outside Band of Reasonable Responses'
The central London employment tribunal heard that while Mr Gilchrist had indeed engaged in a 'minor physical altercation', the decision to dismiss him was too severe. The ruling stated that the London Fire Brigade's response fell 'outside the band of reasonable responses' that an employer could take.
Employment Judge Robin Steeds noted that Mr Gilchrist had a long and otherwise unblemished service record of over 15 years. The tribunal found that a final written warning would have been a more appropriate sanction for the misconduct, rather than summary dismissal.
Confrontation Sparked by Queue Dispute
The incident unfolded on the evening of January 24, 2023. The tribunal heard that a disagreement arose between Mr Gilchrist and another customer, Ms A, about who was next in line. Words were exchanged, leading to Mr Gilchrist pushing his trolley, which made contact with Ms A's legs.
Although the fire service conducted an internal investigation and disciplinary hearing, the tribunal concluded that the decision to dismiss was fundamentally unfair. The ruling emphasised the context of the event, including the fact that it occurred outside of work and was an isolated incident for an employee with a previously good record.
Compensation Awarded for Unfair Dismissal
As a result of the ruling, Kevin Gilchrist was awarded a total of £11,981.07 in compensation. This figure accounts for the unfair dismissal itself and a separate, successful claim for outstanding notice pay.
The case highlights the importance for employers to consider all circumstances, including an employee's history and the context of the misconduct, before deciding on a dismissal. The London Fire Brigade has not yet publicly commented on the tribunal's decision.
