A London Fire Brigade (LFB) worker who was dismissed after being accused of shoving a woman to the ground at a Tesco supermarket has won his claim for unfair dismissal at an employment tribunal.
The incident took place at Tesco in Pinner Green, North West London, in October 2022. Ryan Shearwood, a hydrant technician employed by the brigade since 2019, became involved in an argument with a female shopper over the self-checkout queue.
The woman later complained to LFB that she had been “physically assaulted” and “shoved to the ground”. Although Mr Shearwood was not in uniform, she said she recognised him as a brigade employee after seeing him drive away in an official vehicle.
She told the tribunal that the altercation left her “shaking and crying” and claimed he had also insulted her during the row.
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Lack of CCTV evidence
The fire service launched an investigation but faced difficulties obtaining footage from the store. Tesco said it would only release CCTV if police became involved, citing data protection rules. As the complainant chose not to press charges, the recording was deleted after 30 days.
A store manager who had reviewed the video before its destruction said it appeared to show Mr Shearwood shoulder-barging the woman. Another witness heard her accuse him of pushing her but did not see the incident.
Mr Shearwood denied the allegation, saying he had simply raised his arm after being pushed in the queue. He described it as a reflex to protect himself, insisting it was not an assault.
“I have simply raised my arm in shock at being unexpectedly and aggressively pushed by a member of the public enraged at being asked not to push in the queue,” he said in testimony. “This is a natural reflexive action to protect myself and prevent me losing my balance and is in no way assault.”
Despite his denial, the brigade concluded he was guilty of misconduct and dismissed him.
Tribunal judgment
Employment Judge Tueje found the dismissal to be unfair, ruling that the service had not carried out a sufficiently thorough or balanced investigation. “I find it is more likely than not that Mr Shearwood’s account of the altercation on 10 October 2022 is accurate…” the judge said.
Judge Tueje also noted that no independent witness saw him shove the complainant, and that her description of his behaviour was inconsistent with other accounts that described him as calm and “unbothered”. A security guard confirmed he had been allowed to leave the store without issue.
“The complainant’s account is that during an altercation with Mr Shearwood he ‘shoved her to the ground’. Neither of the independent witnesses saw Mr Shearwood shove the complainant, and he denies doing so,” said the judge.
As a result, the tribunal decided the dismissal was procedurally and substantively unfair. Mr Shearwood is set to receive compensation, the amount of which will be determined at a later remedy hearing.
Lessons for employers
The case is a reminder of the importance of conducting full and fair investigations before reaching disciplinary decisions. Experts in employment law often warn that disciplinary action based on incomplete or contradictory evidence may not hold up at tribunal.
The tribunal also showed the need for employers to consider procedural fairness as well as the weight of evidence. Where critical evidence such as CCTV is unavailable, decision-makers must be especially careful not to reach conclusions that go beyond what can be proven.
Tribunal claims on the rise
Employment tribunal data show that unfair dismissal claims remain among the most common cases brought against employers. Figures published by the Ministry of Justice last year revealed thousands of such cases lodged annually, often linked to disputes over conduct, performance or redundancy.
For public bodies such as LFB, which employs around 6,000 operational and non-operational staff, the reputational risk of tribunal findings can be significant.
HR teams are expected to follow the Advisory, Conciliation and Arbitration Service (Acas) Code of Practice when handling misconduct allegations. The code stresses that employers should carry out necessary investigations, allow employees to state their case and consider all available evidence before making a decision.
Failure to follow fair procedures not only increases the chance of a tribunal ruling against the employer but can also result in uplifted compensation awards.
In this case, the tribunal ruled that the evidence did not support the conclusion that Mr Shearwood had assaulted the complainant and that the employer’s process fell short.
The London Fire Brigade has not commented publicly on the ruling.
The case serves as a cautionary example for HR professionals of how quickly workplace investigations can unravel if evidence is incomplete or inconsistencies are not properly considered.
