Respondent won Employment Tribunal · 25 September 2023

Firefighter with 18 years' service dismissed after guilty plea to firearms offences: dismissal fair

An employment tribunal has ruled that Royal Berkshire Fire Authority fairly dismissed a firefighter who pleaded guilty to 12 firearms offences, rejecting claims of race and disability discrimination.

2 min read · Last updated 18 May 2026

Case details

Key facts

  • The claimant was employed as a firefighter from 22 December 2003 until his dismissal in 2021.
  • The claimant pleaded guilty to 12 charges including possession of handguns, stun guns, and ammunition.
  • The respondent dismissed the claimant following a disciplinary process based on his criminal convictions.
  • The claimant alleged race discrimination and harassment from 2004 onwards, but the tribunal found these claims were out of time.
  • The respondent admitted the claimant had a disability (anxiety/depression and PTSD) from December 2019.
  • The tribunal found the dismissal was fair and within the range of reasonable responses.

Timeline

  1. Employment started

    Claimant began employment as a firefighter at London Road, Langley.

  2. Alleged racist abuse at training

    Claimant alleged racist abuse during training, but no particulars were provided.

  3. Alleged assault accusation

    Claimant was accused of assaulting another employee, arrested, and later acquitted.

  4. NCA investigation began

    National Crime Agency contacted respondent regarding illegal firearm purchases.

  5. Locker search and arrest

    Respondent searched claimant's locker; claimant was arrested for firearms offences.

  6. Claimant charged with 14 offences

    NCA informed respondent that claimant was charged with serious firearms and drug offences.

  7. Claimant pleaded guilty

    Claimant pleaded guilty to 12 firearms charges at Kingston Crown Court.

  8. Disciplinary hearing

    Disciplinary hearing held; claimant attended with union representative.

  9. Dismissal decision

    Claimant was dismissed for gross misconduct related to his criminal convictions.

  10. ACAS early conciliation started

    Claimant submitted ACAS notification.

The outcome

The tribunal dismissed all claims. It held that the dismissal was fair for a conduct reason, as the respondent reasonably concluded that the claimant's criminal convictions for firearms offences destroyed the trust and confidence necessary for his role as a firefighter.

The discrimination claims were largely out of time, as the alleged incidents occurred between 2004 and 2015, and the tribunal found no continuing act extending to the dismissal. The disability discrimination claim also failed because the respondent took account of the claimant's mental health condition in the disciplinary process.

No compensation was awarded.

Lessons & takeaways

  • Criminal convictions that undermine public trust in a role can justify dismissal, even for long-serving employees.
  • Discrimination claims must be brought within three months of the alleged act or the end of a continuing course of conduct, or they will be out of time.
  • Employers who properly consider an employee's disability during a disciplinary process are less likely to be found to have discriminated.
  • Representing yourself at a tribunal is possible, but the legal and procedural hurdles are significant — especially for complex discrimination claims.

A career ended by criminal convictions

This case shows how a single criminal matter can bring a long public-service career to an abrupt end. The firefighter had served for 18 years without any previous disciplinary issues. However, his guilty plea to 12 firearms charges — including possession of handguns, stun guns and ammunition — left his employer with little choice but to dismiss him.

The tribunal accepted that the respondent, Royal Berkshire Fire Authority, had a genuine belief in the claimant's misconduct based on the convictions. The dismissal was for a conduct reason, and the disciplinary process was found to be fair and within the range of reasonable responses. The tribunal noted that the nature of the offences was incompatible with the high standards of integrity expected of a firefighter.

What the employer did right

The respondent followed a proper disciplinary procedure: it investigated, held a hearing with the claimant and his union representative, and considered his mental health condition (anxiety, depression and PTSD) before deciding to dismiss. The tribunal found that the employer took account of the disability, which defeated the disability discrimination claim.

Why the discrimination claims failed

The firefighter alleged a long history of racist abuse and harassment dating back to 2004. But the tribunal found that these claims were brought far too late — the last alleged incident before the dismissal was around 2015. There was no continuing act that extended to the dismissal itself, so the race discrimination claims were out of time. The tribunal also rejected the suggestion that the dismissal itself was an act of discrimination.

What this means for similar cases

For employees, this case is a reminder that even a long and unblemished record may not protect you if you are convicted of a serious offence that damages trust in your role. For employers, it shows that a fair process — including proper consideration of disability — can successfully defend a dismissal that might otherwise appear harsh. The key is to act reasonably, follow procedure, and base the decision on evidence rather than assumption.

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