An axed firefighter has been wrongly sacked – after failing his fitness test. Staffordshire Fire and Rescue Service unfairly dismissed Rob Moss after 28 years service.

An employment tribunal has found that the brigade did not find alternative roles for Mr Moss following the failed tests. But it dismissed Mr Moss' allegation that he was fired due to his role with The Fire Brigades' Union.

Mr Moss was most recently based at Newcastle Fire Station. He had been put on a training programme to try to help him pass the fitness test.

The tribunal judgement states: "The reason, or principal reason, for the claimant's dismissal was not that he had taken part in the activities of an independent trade union at an appropriate time. The claimant was dismissed for the fair reason of capability. His dismissal for that reason was unfair. His complaint of unfair dismissal is therefore well-founded. The remedy for unfair dismissal will be considered at a further hearing."

Following the ruling, Mr Moss said: "I feel elated, vindicated and happy that justice has been done. For a person already suffering depression it has been a very challenging period. I'm looking forward to putting it behind me and getting on with the rest of my life."

The firing means Mr Moss will miss out on a special ceremony which marks a firefighter's retirement (Staffordshire Fire and Rescue Service).

The firing means Mr Moss will miss out on the future presentation of a ceremonial axe which marks a firefighters' retirement and pension rules are relaxed for personnel completing 30 years service.

He added: "It has been custom and practice over the last five years for the service not to present an axe to any individual who has had their employment terminated as a result of a capability or disciplinary process. This custom and practice will be followed and therefore I will not be presented with an axe.

"After 28 years it was a very casual and callous way to discard someone – and someone who's never had a formal warning in all that time."

Staffordshire Fire and Rescue Service has vowed to learn from the case.

A fire service spokesman said: "We are reviewing the judgement and next steps and will identify any learnings going forward. However, the judge found that the claimant was not dismissed because of his trade union activities."

Staffordshire police, fire and crime commissioner Ben Adams added: "My understanding is that the tribunal found in favour of one point, related to process. The claim that the individual was dismissed due to him being a trade union representative was not upheld by the tribunal.

"As commissioner, I am fully briefed on all employee matters and seek to ensure that the interest of all individuals, and those of the service, are appropriately protected."

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