A firefighter previously hailed for his bravery has lost an employment tribunal after being disciplined for failing to challenge colleagues who used the term 'fireman'. Simon Bailey, 58, received a written warning from Avon Fire and Rescue Service, a decision that ultimately led to his resignation and a subsequent legal challenge.
The Complaint That Sparked the Disciplinary Action
The case originated in July 2021 when former England rugby player Sasha Acheson, then a firefighter at the same station, filed a complaint. She reported that the term 'fireman' was used frequently at the station, describing it as an outdated example of ongoing sexism. Ms Acheson stated she would challenge peers when the term was used, sometimes with a smile or a groan. On one occasion, she alleged a firefighter retorted: I will stop saying fireman when they stop specifically recruiting only firewomen.
Ms Acheson also claimed her manager was shell-shocked by her complaints and became mildly aggressive in tone. She felt he had treated her like a probie, not respected her, belittled her and put her down. In a separate, more serious allegation, she stated that women were referred to as 'snakes with tits' by staff.
The Manager's Defence and Internal Investigation
When questioned during the internal probe, Simon Bailey, a Watch Manager, admitted the term 'fireman' was used commonly. He described himself as old-fashioned and stated, I don't use it, but I don't see a problem. However, he conceded that it was obvious the term should not be used anymore.
Mr Bailey confirmed he never formally challenged anyone for using the term, though he suggested he might have joked you can't say that. He defended the overall language at the station, saying it is not squeaky clean all the time, but I think it is respectful. Other colleagues supported this view, describing the comments as not malicious and part of the general workplace banter.
Despite this, the internal investigation concluded that Mr Bailey should have challenged his crew members about using the term 'fireman'.
Consequences and Tribunal Outcomes
The fallout from these events was significant for both individuals. Sasha Acheson went on sick leave in December 2021 and did not return until after her own employment tribunal concluded in May 2022. She successfully won her case for sexual harassment, discrimination and victimisation and was awarded over £52,000 in compensation.
For Simon Bailey, the written warning he received in July 2023 triggered a downward mental spiral. He felt humiliated by the proceedings, took sick leave, and eventually resigned from the service in September 2023 after a 27-year career. He then brought his own case for unfair dismissal to an employment tribunal in Bristol in February 2024.
Employment Judge Richard Woodhead ruled that the sanction given to Mr Bailey was reasonable. The judge found that while the occasional use of 'fireman' was not in itself a serious matter, Mr Bailey was aware of a culture where jokes that were demeaning and stereotyped women were made on his watch. The tribunal judged that the fire service had not acted in a way that destroyed the relationship of trust and confidence, and Mr Bailey's claim was dismissed.
