Devon and Somerset Fire and Rescue Authority v Mark Hunt

Facts

The claimant, Mr Mark Hunt, was employed as a firefighter by Devon and Somerset Fire and Rescue Authority and had 25 years' continuous service when he was dismissed on 23 November 2018. In April 2017 a video was uploaded to YouTube showing his former partner, H, a midwife, in bed apparently under the influence of drugs, with a caption suggesting she was "out of her head on Class A". H suspected the claimant of taking and uploading it; an NHS colleague of hers reported the video to the appellant, and the police, having spoken to the claimant, warned him about harassment but concluded no offence had been committed. The appellant nonetheless opened a disciplinary investigation, appointing a human resources adviser from Devon County Council, Mr Broomes, as Investigating Officer. The claimant was suspended for fifteen months and the investigation broadened into the couple's relationship generally. Following a four-day disciplinary hearing before Mr Taylor and Ms Harding, he was dismissed, and his appeal to Assistant Chief Fire Officer Mr Bond, conducted as a review, was unsuccessful. An Employment Tribunal sitting at Exeter upheld complaints of unfair dismissal and direct sex discrimination by a liability judgment dated 7 January 2022, and later refused reconsideration. The employer appealed against both decisions.