Emergency Medical Technician dismissed for sexual comments about children: dismissal fair

When workplace comments cross the line

This case shows how seriously employers, particularly in healthcare and emergency services, treat allegations involving inappropriate comments about children. The claimant, an Emergency Medical Technician with six years' service, was dismissed after a colleague reported that he had made crude sexual remarks about children and shown photographs of children in a swimming pool, taken during his voluntary work as a swimming instructor.

The tribunal found that the employer, North West Ambulance Service NHS Trust, acted reasonably throughout. It suspended the claimant pending investigation, held a disciplinary hearing where the allegations were considered, and gave the claimant an opportunity to appeal. The appeal panel upheld the dismissal, finding that the sanction was within the range of reasonable responses.

What the employer did right

The key to the tribunal's decision was the employer's process. It had a genuine belief in the misconduct based on the complaint and the claimant's own admissions. The investigation was reasonable, and the decision to dismiss was one that a reasonable employer could have taken. The tribunal noted that the allegations involved safeguarding concerns, which are particularly serious in an NHS trust.

What this means for similar claims

For employees, this case is a reminder that comments about children, even if made in a private conversation, can have serious consequences if they become known to an employer. For employers, it shows that a fair process—suspension, investigation, hearing, and appeal—can defend a dismissal even when the employee has several years of service. The outcome might have been different if the employer had not followed a proper procedure or if the allegations were less serious.