Firefighter's Unfair Dismissal Claim Upholds on Appeal
The EAT upheld Gavin Granger's appeal against Scottish Fire & Rescue Service, citing errors in the dismissal process. The case is remitted for review.
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Scottish Fire & Rescue Service Faces Re-Examination of Firefighter's Dismissal
The Employment Appeal Tribunal (EAT) has ruled in favour of Mr Gavin Granger, a firefighter, in his appeal against the Scottish Fire & Rescue Service regarding his unfair dismissal claim. The EAT found that the Employment Tribunal (ET) had erred in its assessment of the reasons for Mr Granger's dismissal.
Mr Granger, an operational firefighter, was dismissed in March 2023 following a period of absence due to musculoskeletal conditions and stress. A capability process was initiated, during which he was assessed by an Independent Qualified Medical Practitioner (IQMP) who deemed him unfit for his role or any other within the service. Mr Granger qualified for ill-health retirement at the higher tier, but the Scottish Fire & Rescue Service then terminated Mr. Granger's employment 'on grounds of capability due to ill health'.
Tribunal's Initial Ruling and Grounds for Appeal
The ET initially concluded that the dismissal was fair, citing 'some other substantial reason' – specifically, the assessment that Mr Granger qualified for ill-health retirement. However, the EAT has now overturned this decision, highlighting critical errors in the ET's reasoning.
Mr Granger's appeal focused on two primary grounds: firstly, that the ET erred in finding the dismissal fair, and secondly, that the ET artificially distinguished between the Ill Health Retirement Process and the Capability Process.
EAT's Key Findings and Decision
The Honourable Lady Haldane, presiding over the EAT, found that the ET had fallen into error by:
- Failing to recognise that the Scottish Fire & Rescue Service explicitly dismissed Mr Granger on capability grounds.
- Conflating the medical assessment process within the Capability Process with the outcome of qualifying for ill-health retirement.
The EAT emphasised that the dismissal should have been assessed from the starting point that it was based on capability. The EAT upheld the appeal and remitted it to the same ET for re-consideration. The EAT ordered the ET to evaluate whether Mr Granger's dismissal, rightfully understood as a dismissal based on capability, fair or unfair based on process errors.
Implications for Employers
This case underscores the importance of employers correctly categorising the reasons for dismissal and ensuring a fair and transparent process, particularly when dealing with ill-health and capability issues. Clear communication with employees and adherence to established procedures are essential to avoid successful unfair dismissal claims.
Read the entire judgement here: Mr Gavin Granger v Scottish Fire & Rescue Service [2025] EAT 90
