Course Director dismissed after using compressed air hose to put out fire: dismissal fair
A college lecturer with seven years' service was fairly dismissed for gross misconduct after using a compressed air hose to extinguish a workshop fire, breaching health and safety rules. The tribunal upheld the dismissal.
1 min read · Last updated 18 May 2026
Case details
- #health-and-safety-breach
- #fire-incident
- #gross-misconduct
- #range-of-reasonable-responses
- #clean-record-considered
Key facts
- Mr Beardon was employed as a Course Director and Lecturer from 18 August 2014 until his dismissal on 3 March 2022.
- A small fire broke out in the Body and Paint Workshop on 30 November 2021 while Mr Beardon was supervising students.
- Mr Beardon used a compressed air hose to extinguish the fire, contrary to College health and safety policies.
- The College's investigation found that Mr Beardon failed to enforce mandatory safety glasses and lacked proper safety documentation.
- The dismissing officer, Mr Harrison, genuinely believed Mr Beardon had committed gross misconduct and dismissed him without notice.
- The appeal upheld the dismissal, as Mr Beardon did not acknowledge his errors or provide assurances for future compliance.
Timeline
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Employment start date
Mr Beardon started employment as a Course Director and Lecturer at the College of West Anglia.
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Fire incident
A small fire broke out in the Body and Paint Workshop at the Wisbech Technology Centre. Mr Beardon used a compressed air hose to extinguish it.
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Suspension
Mr Beardon was suspended pending investigation into health and safety breaches related to the fire.
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First investigation meeting
Mrs Rowland interviewed Mr Beardon as part of the investigation.
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Fire Service report
Cambridge Fire and Rescue Service issued a report stating an employee failed to take reasonable care for safety.
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Second investigation meeting
Mrs Rowland followed up on issues from the first meeting, including student statements and safety documentation.
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Investigation report issued
Mrs Rowland issued a comprehensive report concluding Mr Beardon had breached health and safety rules.
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Disciplinary hearing
Mr Harrison conducted the disciplinary hearing, giving Mr Beardon opportunity to respond.
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Dismissal
Mr Beardon was dismissed without notice for gross misconduct.
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Appeal hearing
Mr Pomfret heard the appeal and upheld the dismissal.
The legal issue
The tribunal had to decide whether the College had a genuine belief in the claimant's misconduct, whether it carried out a reasonable investigation, and whether dismissal was within the range of reasonable responses.
The outcome
The tribunal dismissed the claim of unfair dismissal, ruling that the College acted reasonably throughout.
- The College had reasonable grounds to believe the claimant committed gross misconduct by using a compressed air hose to extinguish a fire, contrary to health and safety policies.
- The investigation was thorough, including witness interviews and a fire service report, and the disciplinary and appeal processes were fair.
- No compensation was awarded as the dismissal was found to be fair.
Lessons & takeaways
- Employers can fairly dismiss for a single serious health and safety breach if it amounts to gross misconduct, even for long-serving employees.
- A thorough investigation and fair disciplinary process are key to defending an unfair dismissal claim.
- Employees should follow health and safety policies strictly, especially in roles involving supervision of others.
- A clean disciplinary record does not automatically prevent dismissal for gross misconduct if the breach is serious enough.
When a single mistake can cost you your job
This case shows that even a long-serving employee with a clean record can be fairly dismissed for a single serious breach of health and safety rules. The claimant, a Course Director and Lecturer with seven years' service, used a compressed air hose to extinguish a small fire in a college workshop. The College's policies prohibited this method, and the fire service later confirmed the employee had failed to take reasonable care.
What the employer did right
The College suspended the claimant promptly, conducted a detailed investigation with multiple meetings, and gave him every opportunity to respond. The dismissing officer genuinely believed the claimant had committed gross misconduct, and the appeal officer upheld that decision because the claimant did not acknowledge his errors or offer assurances for future compliance. The tribunal noted that the College's process was fair and that dismissal was within the range of reasonable responses.
What this means for similar claims
For employees, this case is a reminder that even a single lapse in judgment, if it involves a serious safety breach, can lead to dismissal. For employers, it confirms that a robust investigation and a fair disciplinary procedure can successfully defend against an unfair dismissal claim, even when the employee has a long service record and no previous disciplinary issues. The key is to act reasonably at every stage and to base the decision on a genuine belief formed after a reasonable investigation.
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