John Linden, a senior firefighter at Norfolk Fire Service’s King’s Lynn fire station, was sacked after he was caught on camera appearing to throw a YouTuber’s phone over a hedge
A senior firefighter who was dismissed for throwing away a disabled YouTuber’s phone at a fire scene was unfairly sacked due to “failures”, according to a tribunal. John Linden, Station Manager at Norfolk Fire Service’s King’s Lynn fire station, was let go following a dispute with blogger Jimmy Evans in June 2023.
Mr Linden, from Dersingham, Norfolk, was filmed seemingly tossing the YouTuber’s phone over a hedge at a fire scene in King’s Lynn.
At an employment tribunal last month, Mr Linden contended that he had been unjustly dismissed by Norfolk Fire Service. Despite his three other complaints being rejected, the tribunal determined that he had been unfairly dismissed due to “failures” in the force’s procedures.
Mr Linden and Mr Evans, who uses a wheelchair and mobility buggy, were present at a fire scene in Hardings Pit on the banks of the Great Ouse River, Norfolk. A video recorded by Mr Evans, a self-proclaimed journalist, showed the pair engaging in a verbal spat.
Mr Evans insisted he had the right to remain where he was, approximately 100m away from the fire itself, before Mr Linton seemed to snatch his phone. This led to an investigation and a disciplinary hearing that resulted in Mr Linden being sacked for misconduct.
However, at the tribunal, he claimed he was unfairly dismissed, alleging discrimination due to his Post Traumatic Stress Disorder (PTSD) diagnosis. He informed the hearing that he had developed PTSD after years of physical abuse.
The firefighter had experienced trauma as a child and during his service, which led to other allegations against the fire service, including failure to make suitable adjustments and breach of contract. The hearing at Norwich Magistrates’ Court was informed that the firefighter claimed his diagnosis caused him to react in a “heightened manner” towards Mr Evans, who produces videos under the alias Wheelz Media.
Mr Linden warned Mr Evans not to approach the fire due to safety risks. However, Mr Evans ignored the warning and “became aggressive”, according to the tribunal.
What ensued was a “split-second” reaction from Mr Linden, who claims he deflected Mr Evans’ swinging arm while still seated in his mobility buggy, causing his phone to be lost.
Mr Evans can be heard yelling, “Get off my phone”, before Mr Linden is seen walking away and raising his arm over his head, seemingly to throw something. Gus Baker, a barrister specialising in employment and discrimination law representing Norfolk Fire Service, argued that Mr Linden’s reaction would have been a “normal” response to Mr Evans’ behaviour and not driven by his PTSD.
He contended that anyone viewing the video would find Mr Linden’s account of events “incredible and incapable of belief.”
Mr Baker stated: “You snatched his phone while he was responding to you.”
The video was crucial to Mr Linden’s dismissal. Mr Evans describes his online blogging company as “auditing done on wheels”.
The individual was on a nearby public footpath, capturing footage of smoke wafting over the path. Linden, the station manager at a King’s Lynn station, approached him and instructed him to vacate the area at 7.45pm on June 14, 2023.
Mr Evans, who claimed he was 100 yards from the fire itself, responded that he had every right to remain where he was, leading to a heated exchange between the two men.
Mr Evans stated that he couldn’t locate his phone in the undergrowth, and that Norfolk Fire and Rescue Service had since provided him with a replacement. He expressed his views on the incident: “I don’t feel that his PTSD has anything to do with what happened that day.”
He acknowledged Linden’s condition but disagreed with its relevance to their altercation: “Yes, he may have PTSD from a number of different types of incidents and I agree with that. But I don’t think that’s the reason why he kicked off at me.”
Mr Evans clarified his intentions: “I never wanted the guy fired, I just wanted an apology from him. All of this was about the fact he took my phone without my consent and threw it into a bush.”
He mentioned his prior positive interactions with the fire service and claimed he had already conversed with another officer at the scene. However, the tribunal heard that Mr Evans, who did not give evidence at the hearing but had requested to, had a reputation for being confrontational before the King’s Lynn incident.
Employment Judge Spencer ruled that while Mr Linden’s breach of contract, unfavourable treatment and failure to make reasonable adjustments claims all failed, his unfair dismissal claim was well-founded. He commented: “There are so many procedural failures in this case that the procedure followed by the respondent is outside the band of reasonable responses,”.
“It’s clear that the procedure followed by the respondent is outside the band of reasonable responses,” he stated.
“The dismissal was unfair on procedural grounds. The complaint of unfair dismissal succeeds on these grounds.”
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