But now an Employment Judge has ruled that two of the men who appealed against the disciplinary action were unfairly dismissed.
A further hearing will be held to decide on a financial settlement for firefighter Gareth Hancock and watch manager Daniel Phillips, who were both stationed at Ebbw Vale until their dismissal in August, 2023.
The third man sacked, Luke Moreton, did not take legal action, whilst the allegations against a fourth, watch manager Gareth Jones, were found not proved.
The actions stemmed from an incident at Yumees’ Chinese takeaway in Tredegar in June last year which led to the owner reporting the matter to South Wales Fire and Rescue Service.
The tribunal heard that Hancock, who admitted having drunk about eight pints, allegedly urinated on the floor of the premises, made racist comments to the owner’s family and tried to start a fight. The matter was reported to the police.
Phillips was said to have laughed at his mate’s comments and filmed the incident on his phone.
After an investigation which included viewing CCTV footage Hancock and Phillips were sacked for gross misconduct and despite their argument that the penalties were unduly harsh their subsequent appeals were rejected.
But Employment Judge Stephen Povey found that although the investigation was adequate the Fire Service’s handling of the disciplinary hearings and appeals was flawed.
He said the claimants had not been shown all the evidence against them or given reasons for the panel’s decisions, and the order of the four hearings had been unfair.
He also criticised the make-up of the appeals panel as one of the members had been involved in the investigation.
“There were significant and fundamental flaws in how the respondents conducted the determined the disciplinary proceedings against both claimants,” he said.
The Judge said he made no findings on the innocence or guilt of either claimant as it was not within his remit.
