Firefighter wrongly sacked for failed fitness test

Rob Moss was unfairly sacked as a firefighter after failing a fitness test

A firefighter was wrongly sacked after failing a fitness test, an employment tribunal has found.

Rob Moss was dismissed from Staffordshire Fire and Rescue Service after 28 years of service.

The tribunal found his employer did not find alternative roles for him after he failed his test, but dismissed his claims he was fired due to his role with the Fire Brigades' Union.

A fire service spokesperson said it was reviewing the judgement to identify opportunities for learning.

After it was found that his dismissal was unfair, Mr Moss said he felt "vindicated".

"Justice has been done," he said.

"For a person already suffering depression, it has been a very challenging period.

"I’m looking forward to putting it behind me and getting on with the rest of my life."

Before the fitness test, Mr Moss had been based at Newcastle-under-Lyme Fire Station and had been put on a training programme to help him pass the fitness test.

The judgement said Mr Moss was not dismissed because he had taken part in trade union activities, but for capability reasons.

"His dismissal for that reason was unfair," the judgement read. "His complaint of unfair dismissal is therefore well-founded."

A remedy for Mr Moss's unfair dismissal will be considered at a later date.

'Callous'

Losing his job after 28 years however means Mr Moss will miss out on benefits enjoyed by servicemen after 30 years or more, including relaxed pension rules and a ceremonial axe upon retirement.

"After 28 years it was a very casual and callous way to discard someone – and someone who’s never had a formal warning in all that time,” Mr Moss said.

A spokesperson for Staffordshire Fire and Rescue Service said: "We are reviewing the judgement and next steps and will identify any learnings going forward.

"However, the judge found that the claimant was not dismissed because of his trade union activities."