A hero firefighter, who was disciplined for not reprimanding colleagues who used the “outdated” term “fireman”, has lost his unfair dismissal case.
Simon Bailey, 58, who served with Avon Fire and Rescue Service from 1996 until his resignation in September 2023, had challenged the action at an employment tribunal.
Mr Bailey spent a decorated 27 years in the service, where he was praised for his bravery, but felt forced to resign after being “humiliated” by the ordeal.
The case arose from a July 2021 complaint by a female colleague about sexist language at their station, including the persistent use of what she called an “outdated” term.
Employment Judge Richard Woodhead ruled this week the force acted reasonably in issuing Mr Bailey a written warning for his failure to challenge inappropriate language amongst his staff.
During the investigation, Mr Bailey acknowledged “fireman” was “quite commonly” used at the station, “rightly or wrongly”, although he personally avoided the term.
“I’m old-fashioned. I don’t use it, but I don’t see a problem. It’s pretty obvious to me that that term should not be used anymore,” he stated during his interview.
The watch manager, who held senior positions since 2007, conceded he never formally challenged anyone using the outdated terminology, although he might occasionally joke “you can’t say that”.
Firefighter Simon Bailey has lost his unfair dismissal appeal
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He maintained workplace language, whilst “not squeaky clean all the time”, remained “respectful”.
Later testimony revealed jokes about women doing dishes and other stereotypical comments were commonplace on his watch.
The original complaint came from Sasha Acheson, a former England rugby player, who claimed her requests to use gender neutral language were met with “a smile” or a “groan”.
She also alleged one firefighter told her: “I will stop saying fireman when they stop specifically recruiting only firewomen.”
Former England rugby star Sasha Acheson lodged the initial complaint
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Ms Acheson added she felt “treated her like a probie” (someone on probation) and individuals at her station had “not respected her, belittled her and put her down”.
She subsequently took sick leave in December 2021 and remained absent until her employment concluded in May 2022, when the female fighter pursued an employment tribunal claim.
The tribunal found in her favour, awarding her more than £52,000 after determining she had experienced sexual harassment, discrimination based on sex and sexual orientation, victimisation and unfair dismissal.
Mr Bailey received a 12-month final written warning at a disciplinary hearing in June 2023 for “failing to challenge inappropriate, stereotypical, demeaning and/or offensive comments”, although he retained his position.
Following the saga, the hero firefighter said his “world came crashing down” and that the disciplinary letter had left him “physically sick and devastated”.
He said he was now “a shell of myself” after thr row, according to The Sun.
Judge Woodhead noted: “I do not consider it a serious matter that the term ‘Fireman’ continued to be used on occasion on (Mr Bailey’s) watch”, acknowledging it might sometimes be accidental and seeing “nothing problematic about the term being used to refer to a male firefighter”.
However, the judge found Bailey’s claims unsustainable, that workplace language was respectful when evidence showed “jokes that were demeaning and stereotyped women were made on the watch for which he was responsible”.
The ruling concluded that Mr Bailey “clearly knew that there was such a culture” of inappropriate comments beyond just the terminology issue.