Employment Appeal Tribunal Overturns Unfair Dismissal and Discrimination Ruling Against Fire Service
The Employment Appeal Tribunal has ordered a re-hearing after finding significant legal errors in an unfair dismissal and sex discrimination case.
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Tribunal Findings Set Aside in Firefighter Case
The Employment Appeal Tribunal (EAT) has allowed an appeal by Devon & Somerset Fire & Rescue Authority, setting aside a previous judgment that had found the service liable for unfair dismissal and direct sex discrimination against a former firefighter, Mr Mark Hunt.
In a decision delivered on 26 March 2026, Lord Fairley, President of the EAT, concluded that the original Employment Tribunal failed to provide the necessary legal reasoning to support its findings. The case has been remitted to a differently constituted tribunal for a complete re-hearing of both liability and remedy.
Deficiencies in Unfair Dismissal Reasoning
The EAT found that the original tribunal failed to clearly identify the employer's reason for the dismissal, which is a mandatory step under section 98(1)(a) of the Employment Rights Act 1996. Lord Fairley noted that the tribunal did not determine whether the beliefs held by the decision-makers were the principal reason for the dismissal. Consequently, the tribunal was unable to properly assess whether the dismissal was fair under the established legal framework.
The EAT highlighted that the original tribunal made no express finding regarding the reason for the dismissal and instead resorted to inference. This approach left the decision legally unsupported, necessitating a new hearing to resolve the matter correctly.
Discrimination Claims Also Challenged
The EAT also addressed the finding of direct sex discrimination, agreeing with the appellant that the original tribunal failed to identify the specific less favourable treatment of the claimant. Furthermore, the tribunal relied on comparisons involving the claimant's former partner, whom the EAT deemed to be an inappropriate comparator for assessing how a hypothetical female firefighter would have been treated in the same circumstances.
Lord Fairley remarked that the original tribunal's conclusion that the employer was influenced by stereotypical assumptions about domestic abuse was speculative, lacking a sufficient evidential basis. Due to these material flaws, the EAT directed that the case be heard afresh, as it would be inappropriate to ask the same tribunal to reconsider its previous findings.
Read the entire judgment here: Devon & Somerset Fire & Rescue Authority v M Hunt [2026] EAT 123
