Fire chief wins £4K payout for being 'unfairly' sacked

A fire chief has been awarded £4,000 following his dismissal after an incident where he threw a disabled YouTuber’s phone over a hedge.

John Linden, 53, was involved in a confrontation with blogger and self-proclaimed journalist Jimmy Evans while trying to clear him from a fire scene.

During the encounter, Mr. Evans, who was filming for his social media channel, allegedly became aggressive and obstructive, pushing his phone into Mr. Linden’s face. In response, Mr. Linden seized the phone and tossed it over a hedge.

Mr. Evans, who has a disability, shared the footage online, leading to Mr. Linden’s dismissal after 32 years of service with the Norfolk Fire and Rescue Service.

Following an unfair dismissal claim, an employment tribunal ruled in favor of Mr. Linden, granting him £3,938 in compensation, with the potential for additional compensation.

The tribunal was informed that in 2023, Mr. Linden was serving as a station manager at the King’s Lynn fire station in Norfolk.

Mr Evans – who runs a channel called Wheelz Media – was known to the fire department, and Mr Linden knew him to be ‘challenging and abusive’.

Employment Judge Andrew Spencer said: ‘In recent years, [Mr Linden] and his work colleagues have had to deal with self-proclaimed social media ‘auditors’.

John Linden, 53, has been awarded nearly £4,000 after he was sacked for hurling a disabled YouTuber's phone over a hedge

John Linden, 53, has been awarded nearly £4,000 after he was sacked for hurling a disabled YouTuber’s phone over a hedge

YouTuber Jimmy Evans got into an altercation with John Linden  while the fireman was attempting to move blogger and self-styled journalist away from the scene of a fire

YouTuber Jimmy Evans got into an altercation with John Linden  while the fireman was attempting to move blogger and self-styled journalist away from the scene of a fire

‘These individuals attend sites and public spaces to film emergency workers, often uploading the content to social media platforms. Some aim to generate online content by behaving aggressively and obstructively, seeking to capture negative responses with a view to posting this online.

‘It is possible to monetise the results through social media channels such as YouTube.’

The incident between Mr Linden and Mr Evans occured in June 2023.

The tribunal was shown the video taken by Mr Evans. Here,  Mr Linden was heard ‘politely and calmly’ asking the YouTuber to move back to a safer place.

Mr Evans, who was in a mobility scooter, refused, saying he was ‘legally allowed’ to be there and that it was ‘publicly accessible’.

The tribunal heard that when Mr Linden suggested calling the police, Mr Evans pushed his phone into the firefighter’s face and he ‘grabbed’ it from him.

Mr Linden was seen on the video walking off down the road and throwing the phone into the nearby hedge.

Mr Evans complained about Mr Linden’s behaviour to the Norfolk fire department and said that he was not able to find his phone, despite returning to the site with his girlfriend to look for it.

Speaking after the tribunal Mr Linden said he had lost 'more than a job' when he was sacked from the fire service and had developed PTSD from the ordeal

Speaking after the tribunal Mr Linden said he had lost ‘more than a job’ when he was sacked from the fire service and had developed PTSD from the ordeal 

Mr Linden's video footage. Mr Evans - who runs a channel called Wheelz Media - was known to the fire department, and Mr Linden knew him to be 'challenging and abusive'

Mr Linden’s video footage. Mr Evans – who runs a channel called Wheelz Media – was known to the fire department, and Mr Linden knew him to be ‘challenging and abusive’ 

The chief fire officer told Mr Evans that he would be compensated for the loss of his phone, a total of £300, and an internal investigation would take place.

The investigation was conducted by Peter Rowe and in August 2023, Mr Linden was sacked for gross misconduct.

Judge Spencer found there were procedural failures during the investigation that led to Mr Linden being unfairly dismissed.

He said the investigation needed to be more ‘rigorous’ for a potentially ‘career-ending decision’.

Judge Spencer said that the police fire chief had directed Mr Rowe not to interview members of the crew who could have been witnesses to the incident.

Referring to an email in which the fire chief made the request, the judge said: ‘This was inappropriate – it amounted to a clear instruction to Mr Rowe not to interview potential witnesses to take statements from them..’

Judge Spencer was also critical because Mr Evans was also not asked for the full footage of the incident.

He said: ‘It was not difficult to infer from this that the footage may not show Mr Evans in a positive light and might assist [Mr Linden’s] case. This footage should have been requested.’

Mr Linden was a firefighter for over 30 years before he was sacked

Mr Linden was a firefighter for over 30 years before he was sacked 

It was ruled that the dismissal was unfair due to ‘so many procedural failures’.

Mr Linden lost claims of disability discrimination, failure to make accommodations, and breach of contract.

Speaking after the tribunal Mr Linden said he had lost ‘more than a job’ when he was sacked from the fire service.

He said: ‘I had worked very hard throughout my career. I ended up having PTSD and I have faced a lot of aggressive people.

‘That particular person had caused issued to us before and had caused issues to the police before.

‘There was the aggression, just how dynamic it was. It was in a split second that he got aggressive with me and I lost a 32 year career.’

Mr Linden claimed that Mr Evans had threatened a colleague previously and he had made sure to notify his staff about it.

He said that fire officers are not trained in how to deal with ‘difficult people’ and that the incident had a ‘profound effect’ and ‘shook him up’.

Mr Linden continued: ‘I put so much into the force. I had done a lot of high profile stuff, won several commendations.

‘It is sad that I have been let down. It has affected me, it has affected my family. I don’t think I have had a good nights sleep in two years really.’

Speaking after the tribunal, Mr Evans said: ‘I know everyone is blaming me for him losing his job. But he made his mind up to take my phone and if you watch the video you will see the phone go over the edge.’

Mr Linden has been awarded £3,938 however a further compensation fee cannot be agreed yet and will be determined in the future.

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