Tribunal begins into dismissal of Yorkshire firefighter from Cleveland Fire Authority

Julie Wilkinson, 57, is bringing the claims against Cleveland Fire Authority in an employment tribunal being heard at Teesside Magistrates’ Court. She is claiming unfair dismissal from March 2024, as well as discrimination and victimisation.

Ms Wilkinson, from Redcar, claims she was treated unfavourably and unfairly dismissed because of her disability which meant she was her unable to perform her role as a firefighter. The tribunal says it will determine this week whether or not the dismissal was a “proportionate means to achieve a legitimate aim”.

The panel will consider whether the decision to dismiss was fair to ensure an effective workforce. It will consider whether the authority acted reasonably or “could have been expected to wait a little longer”, the tribunal heard from an employment judge today (June 9).

Ms Wilkinson claims she was victimised because she made two previous claims, one of which was a successful sexual harassment claim in 2023. Daren Cahill, representing her in court, said she was “disadvantaged” through failings, unfavourable treatment and barriers which prevented her returning to work.

She also claims she was treated unfavourably by being subjected to a “formal capability procedure” around September 2023. Mr Cahill said: “The impact on Ms Wilkinson, because the respondent never followed the sickness and absence policy and procedure, was significant.

“She should never have gone to the capability procedure. It’s about the exacerbation of Ms Wilkinson’s mental health state, which was significant at the time and could have been prevented.

“Ms Wilkinson never received any support throughout her illness while she was off ill. There were other options that could have been pursued.”

Bryony Clayton, representing Cleveland Fire Authority, said they accepted Ms Wilkinson had a disability and her dismissal was unfavourable treatment. But they maintain “we’ve acted reasonably”.