Respondent won Employment Tribunal · 6 September 2023

Firefighter's bullying and discrimination claims dismissed by tribunal

A firefighter with 8 years' service lost his claims of victimisation, harassment, constructive dismissal and direct discrimination against the London Fire Commissioner. The tribunal found no unlawful treatment and dismissed the direct discrimination claim as out of time.

1 min read · Last updated 18 May 2026

Case details

Key facts

  • The claimant was employed as a firefighter from 19 September 2011 to 17 October 2019.
  • The claimant was subjected to bullying and unwanted sexual conduct by another firefighter (Firefighter B).
  • The claimant made several protected acts between 2015 and 2019 regarding the bullying.
  • The claimant resigned on 10 October 2019 and sought to withdraw his resignation on 15 October 2019, but was refused.
  • The claimant's direct discrimination claim was dismissed as out of time, with no extension granted.
  • All other claims (victimisation, harassment, constructive dismissal) were dismissed on the merits.

Timeline

  1. Employment started

    Claimant began employment as a firefighter with the London Fire Commissioner.

  2. First protected act

    Claimant reported bullying by Firefighter B, leading to disciplinary proceedings and Firefighter B's dismissal (later overturned on appeal).

  3. Second protected act

    Claimant complained about Firefighter B's new posting increasing risk of contact.

  4. Third protected act

    Claimant raised further complaint about Firefighter B's posting.

  5. Fourth protected act

    Claimant complained about delayed pay progression due to bullying.

  6. Fifth protected act

    Claimant made formal complaint about pay increase.

  7. Complaint outcome

    Respondent upheld decision not to extend time for pay grievance.

  8. Resignation

    Claimant resigned via online form, citing no reason.

  9. Withdrawal request refused

    Claimant was told he could not withdraw his resignation.

  10. Employment ended

    Claimant's employment ended; he started new job with Essex County Fire and Rescue Service the next day.

The outcome

The tribunal dismissed all claims.

  • The victimisation claim failed because the alleged detriments (such as failing to deal with a pay complaint, moving him to light duties, and refusing to let him withdraw his resignation) were not caused by his protected acts.
  • The harassment claim failed as the conduct was not related to his rejection of unwanted sexual conduct.
  • The constructive dismissal claim failed because the respondent's actions did not breach the implied term of trust and confidence, and the claimant affirmed the contract by continuing to work.
  • The direct discrimination claim was dismissed as out of time; it was not just and equitable to extend the time limit.

No compensation was awarded.

Lessons & takeaways

  • Time limits for discrimination claims are strict – you generally have three months less one day from the act complained of; late claims are rarely allowed.
  • To succeed in a victimisation claim, you must show that the alleged detriment was because of a protected act, not just that it happened after.
  • Resigning and then trying to withdraw your resignation does not automatically create a constructive dismissal if the employer's actions were reasonable.
  • Continuing to work after alleged breaches of trust can be seen as affirming the contract, which may defeat a constructive dismissal claim.

This case shows the difficulty of bringing multiple discrimination and whistleblowing-style claims against an employer, especially when the alleged events span several years. The firefighter had reported bullying and unwanted sexual conduct by a colleague, but the tribunal found that the London Fire Commissioner's subsequent actions – such as moving him to light duties and refusing to let him withdraw his resignation – were not linked to those reports.

What the tribunal decided

The tribunal carefully examined each alleged detriment and concluded that the respondent had legitimate reasons for its actions, unrelated to the protected acts. For example, the move to light duties was due to the claimant's own health concerns, and the refusal to allow withdrawal of resignation was consistent with policy. The direct discrimination claim failed because it was brought over a year after the alleged act, and there was no good reason to extend the time limit.

What the employer did right

The London Fire Commissioner had clear policies and procedures, and the tribunal accepted that decisions were made by managers who were unaware of the claimant's protected acts. This highlights the importance of keeping decision-makers separate from those handling complaints, and documenting the rationale for each step.

Why this matters

For employees, this case is a reminder that not every negative treatment after a complaint amounts to victimisation. The link must be proven, and timing alone is not enough. For employers, it shows that a robust decision-making process, with clear evidence of non-retaliatory reasons, can successfully defend such claims.

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