Fire Brigades Union official unfairly dismissed for pro-Brexit rally speech

When a union official's personal views lead to dismissal

This case highlights the risks for employees who express strong political opinions outside of work. The claimant, a full-time union official with the Fire Brigades Union, spoke at a Leave Means Leave rally in March 2019. He was introduced as a trade unionist, not as an FBU representative. The FBU investigated and dismissed him for breaching conference policy and acting prejudicially.

The tribunal found the dismissal unfair because the investigation was flawed. The employer did not properly consider the context of the speech or the claimant's explanation. The decision to dismiss was not within the range of reasonable responses that a reasonable employer would have made.

What the employer could have done differently

The FBU could have conducted a more balanced investigation, including speaking to witnesses and considering the claimant's long service and clean disciplinary record. They might also have considered a lesser sanction, such as a warning, rather than dismissal. The tribunal noted that the claimant's philosophical belief in national independence was genuine and protected, but it was not the reason for his dismissal.

Why this matters for similar claims

This case shows that even union officials can be employees and entitled to unfair dismissal rights. It also demonstrates that expressing a protected philosophical belief does not automatically make a dismissal discriminatory if the employer's reason is conduct. However, a flawed process can still lead to a finding of unfair dismissal. Employees should be aware that their off-duty conduct can still have consequences if it conflicts with their employer's policies.