A fireman has won an £80,000 payout after being sacked for asking colleagues if the brigade’s reclining chairs were hurting their backs.
Christopher Bennett, who has arthritis of the spine, claimed his condition was aggravated by using one of the £400 chairs – controversially brought in by fire chiefs to replace beds at Greater Manchester fire stations.
Mr Bennett, 46, sent an e-mail to firefighters across the brigade asking if anyone was suffering similar problems. He was dismissed for gross misconduct and lost an appeal.
Now an employment tribunal has found Mr Bennett, from Stockport, was unfairly dismissed. His £80,000 out-of-court settlement comes as the brigade faces swingeing cuts.
The tribunal also found that Mr Bennett’s right to freedom of expression under the Human Rights Act had been breached.
More than 300 of the Calcot chairs were installed in 41 stations across Greater Manchester to replace beds used by firefighters on night shifts. Mr Bennett – based at King Street Station, Stockport – had asked his bosses if he could use his own rest mattress to lie on during resting on night shifts. He was told he could only use the chairs or benches in a snooker room.
Steve Shelton, the Fire Brigades Union official who represented Mr Bennett, said: “I always knew Chris had been treated unfairly.”
Mr Bennett, represented by Thompsons Solicitors of Manchester, who has more than 25 years service with the brigade, said: “Without the support of the FBU I would not have been able to get justice in my case.”
Greater Manchester Fire Service said: “We are extremely disappointed in the outcome of this case. We demand the highest standards of behaviour from our entire staff.
“Mr Bennett's actions fell far below those standards when he ignored the e-mail policy and advice from both his line manager and his union representative.
“We also believe that by soliciting support against the service Mr Bennett irreparably broke an employer's trust, hence our decision not to reinstate Mr Bennett.”
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seems more and more employers dont care about the health of their employees much anymore. My girlfriend currently works for Boots in a job that involves standing for long periods of time. They have refused to let her use a chair anymore when she gets tired and told her she can sit down on ner lunch break......... oh and by the way she is 30 weeks pregnant.....
how bad is that????
Good on you Mr Bennett, the way the emergency services are going you are better off out of it all. Senior Management haven't the slightest clue....another fine officer lost..
A fireman...........with arthritis of the spine? What would have happened if he had needed to carry someone from a burning building? "Sorry, squire, you're on your own. I might damage my back."
I note he lost his first appeal, and I can understand. Play in the man's game - play by the man's rules. Of course, Tribunals, Courts and other institutions with the right to throw public money around hate to send their punters away empty-handed, so he got lucky second time around......
The Manc if that is the case Boots are guilty of H&S violations and harrasment as well, tell her to get in touch with her union and ask to see the staff handbook, you could also visit direct.gov.uk this may change in future as Dave as said they want to do away with redtape in employment usually means workers rights.
The problem with firemen is that too many of them boast about how little work they do and how much sleep they get during shifts.
80k won't see him to retirement so maybe now he will have to get a proper job where a powerful union won't throw their weight behind him every time he gets caught under mining the company that pays his wages.
the manc - my good lady worked on her feet during 2 pregnancies right up until birth and it did not cause her any problems at all. Unfortunately both children walk with pronounced limps and have the mental capacity of a newt. Both City fans I hasten to add.
How can someone with arthritis of the spine who needs a special mattress serve as a fireman?
Get used to it the british public voted for it and not just the Tories but Labour as well, workers rights have been gradually eroded over the last 30 years where we are now at a point that we don't remember what is was like to have a union or someone speaking on your behalf. My wife works at a bank but unfortunately the ligaments on her leg popped and she is on crutches awaiting medical assessment from the local hospital, however she has been constantly harrassed by her boss as to when she will be back in the branch and questioning the seriousness of her injury.
This is for a part time member of staff, working conditions in this country are a joke and don't believe the BS that is spoken about the British workforce, we are the hardest working workforce in Europe, do more hours than our European counterparts and earn less pay and benefits.
Very sad that we constantly bicker about each other in this country when in reality the Governments and particularly present are going to shaft us even further, so bend over and get used to it. Hopefully my Milkman will become the governer of the local Secondary school as he is properly qualified as Mr Cameron said "Big Society" is the future, costs little and the majority of the people in the UK are beneath me and my cohorts, i've seen it it's the FUTURE
"Panic on the streets of Carlisle, London......................................
Would you do their job - they may sleep all night, given half the chance, but they have to be there in case of incidents during the night - you wouldn't diss them if they'd helped you. I was married to a firefighter for 30 years and believe you me, it's not a nice job and their wages aren't as good as they should be either. Would you like to dream about people burning to death under your nose or being cut out of a burning car, I think not...
"We are extremely disappointed in the outcome of this case. We demand the highest standards of behaviour from our entire staff".
What a pity this statement does not apply to senior officers who milk the system.
Maybe, if the Fire Service had negotiated with their employees in the first place, regarding implementing the chairs, the problem wouldn't have arisen.
H&S violations
Tell her to get in touch with her union
Ask to see the staff handbook
Workers rights.
No wonder this Country is going to the dogs.
All workers have the right to seek employment elsewhere.
james cromley, U havnt got a clue what you are talking about, maybe if you had to see people die in front of you or pull kids bodies out of car's and fires then you would then say thats its a "proper job!!!" people like you make me sick Firemen deserve the best equipment in the job, and they also deserve alot of respect something which your mother doesnt look like taught you much of!!!
There is no reason that this guy cannot work for the fire service with a back problem. Perhaps there are speciifc duties that do not involve climbing ladders and so forth. If he developed the problem after joining the service then they would have a duty to give him appropriate roles.
Now, where are all the bleaters who usually moan about 'human rights'? There are usually rafts of people on here decrying human rights whenever they are mentioned. It is always amusing to me that the right wingers are so bone stupid that they are against rights for their own species. But hey ho.
themanc................tell your girlfriend that under the Management of Health and Safetey at work Regs 1999 her employer has a legal obligation to protect her from harm within the work place. failing to do this in respect of a pregnant woman can also be interprited under The Sex Discrimination Act as discrimination. Look up HSE guidance on Nursing and Expecant Mothers. They also have an obligation to provide her with a facilitty to rest when feeling physically tired through her work activities.
rom what ive read in this casehe was only asking if other people were feeling discomfort from these chairs,is that not freedom of speach even if by asking was by means of the internet and e-mail.
Ok this guy his degenerative ostepheo arthiritis is his back probably early stages and can still do the job too,this guys worked for the fire brigade for 25 years and if i was him id put in monies owing retirement age for unfair dismissal,say thanks for getting 80k and just retire with a fat grin.
tenerife anyone........lol
NWAS watch out!
"Greater Manchester Fire Service said: 'We are extremely disappointed in the outcome of this case. We demand the highest standards of behaviour from our entire staff.' "
GMFS obviously doesn't bother considering maintaining their own high standards when it comes to the health and wellbeing of its employees. They are referring to this chap as if he was a whistleblower. I applaud Mr Bennett for his win, but feel sorry for him that his long service had to be cut short for simply seeking an opinion from his colleagues (and no doubt many good friends).
james cromley, stockport very sad that you turn a H&S issue into having a dig at City !
Your kids obviously still have more brain power than you...
I suggest Mr Bennett buys a second hand one of these chairs,invites his old watch round,has a few beers..and then ceremonially sets fire to it.
[quote name=salfordrat]There is no reason that this guy cannot work for the fire service with a back problem. Perhaps there are speciifc duties that do not involve climbing ladders and so forth. If he developed the problem after joining the service then they would have a duty to give him appropriate roles.
Now, where are all the bleaters who usually moan about 'human rights'? There are usually rafts of people on here decrying human rights whenever they are mentioned. It is always amusing to me that the right wingers are so bone stupid that they are against rights for their own species. But hey ho.[/quote]
Lol, your no different than the right wingers here. Always convinced your right and with an arrogant smugness you cry an ism at anyone who disagrees with you.
I don't mean any disrespect here, I have nothing but admiration for all our emergency services, but can someone please explain why the fire service sleep during night shifts? Surely if you're on nights you sleep in the day? Other emergency services don't sleep when doing night shifts so why do the fire brigade? That's always puzzled me.
Arthritis of the spine firefighter?
I'm glad he isn't doing the job anymore.
Congratulations from taking funds from the service, though. Not sure I'd be smiling...
Why on earth would people on a working shift have a nedd for beds?
No doubt they need all this sleep to be fit enough to do their second jobs
If he has a bad back how can he lift a hosepipe, set a ladder up, carry somebody out of a burning building etc. In other words how could he do such a physically demanding job?
Imagine it, you are caught in an inferno and in comes the hero fireman 'sorry I can't help you out, it's me back. Ooh'
A friend of mine works a night shift at a food production plant, can he have a bed? How about other nightworkers such as air traffic controllers?
A friend of mine says that if you need a decorator you may as well call the fire brigade.