Firefighter receives more than PS55k for harassment and discrimination

A woman firefighter, who was sexually harassed and successfully sued Avon Fire and Rescue Service on grounds of sexism and unfair dismissal and won the case against them, is set to receive a payout in excess of PS55,000. This award comes from a provisional remedy judgement.

In March 2024, the tribunal service published the reasons for the judgment. In March 2024, the tribunal service published the reasoning for the judgment.

Acheson was a former England rugby player and, according to the court judgment, two managers of the service made “persistent” offensive remarks.

She was denied a job after she refused a promotion offered in exchange for sexual favors. She filed a formal complaint, but the process was delayed and the person who she claimed made the remarks had only been suspended shortly before he retired.

She testified to the tribunal about the openly discriminatory and misogynistic culture of the service, describing conversations in which two colleagues would show each other pictures of their ex-girlfriends, berate them, or discuss the fact that they had cheated with their wives.

Acheson was told by her colleagues that she had the “wrong job” because she couldn’t handle sexist behavior. Acheson was told that she had the wrong job if she couldn’t handle sexist behaviour by her colleagues.

In 2021, a manager told his colleagues that Acheson and he had watched pornography and that it had been “a bonding moment”. She said to the court that Acheson had moved uncomfortably near her, placed his arm around her, and touched her in order to suggest an intimate relationship.

The tribunal heard other claims from colleagues, including that she was quiet, lazy and withdrawn, that one female colleague “would not be seen again for three years” because she was expecting, and that a second female colleague “should have been in the kitchen instead of the gymnasium”.

The tribunal upheld Acheson’s claim of harassment for sexual orientation after hearing that she was asked, “Do men do or not do it for you sexually?” when referring to a colleague and received homophobic remarks about the gay rugby international team.

Acheson resigned from her position in 2022. The judge found that Acheson had been the victim of constructive dismissal. He stated: “Even though the events alleged as direct discrimination or harassment and/or victimsisation are not upheld by the court as acts of discrimination they can individually or cumulatively amount to breaches of implied term.”

Simon Shilton, chief fire officer of Avon Fire and Rescue Service, said in December: “I have never been more resolute about ensuring that any bad behaviours which are not in accordance with our values, are addressed appropriately.

“We are committed to a policy of dignity and respect, which is based on a zero tolerance approach towards poor behavior. It is never too late to improve and change the culture. We cannot change the past but we can improve the current experiences of our staff and ensure a supportive, inclusive organization where they can thrive.

A provisional remedies judgment published this week concluded that Acheson deserved PS17,000.00 for financial loss, and PS35,000.00 for emotional injury. Both parties agreed on a PS2,280 basic award for unfair termination and PS500 compensation for loss of rights.

Avon Fire & Rescue could have to pay more if interest on past earnings are considered as a final remedy. This amount can also increase if a claimant seeks compensation for personal injury and pension loss.

This article originally appeared on 6 March 2024, and was updated on 26 September after the Employment Tribunal published its judgment on provisional remedies.

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