Devon firefighter's 'shaving and drinking' claim dismissed

An on-call operational firefighter from Devon has lost a claim that not being called out amounts to 'working time'. Additionally, stipulations such as not consuming alcohol, needing to shave, and restrictions on hair dye were acknowledged as constraints but deemed not significantly restrictive.

The Exeter employment tribunal judge explained in the ruling: "I do not seek to underestimate or devalue the inconvenience that is from time to time caused to the Claimant and his family by him being on-call, nor the sacrifices he makes to provide this important service to his local community (albeit on a paid basis)."

"I have concluded that during his on-call shifts, the constraints imposed on the Claimant by the Respondent are not such as to affect, objectively and very significantly, the possibility for him to freely manage the time during which he was not on call-outs and to pursue his own interests."

Andrew Tidd, the firefighter at the centre of the case, serves as an on-call crew manager for the Devon and Somerset Fire and Rescue Service in Modbury, South Devon, and has been with the service since 2013.

The hearing brought out details about the nature of on-call work; while firefighters like Mr Tidd receive 'availability pay' when theyre on standby without being called, they earn 'activity pay' during call-outs.

It was also highlighted that on-call teams manning 99 of the total 112 fire appliances underline the scale of reliance on such firefighters who must adhere to a five-minute response time, reports Devon Live.

On-call firefighters are required to remain sober, have cleanly shaven faces for the safe fitting of breathing gear, and refrain from dyeing their hair while on duty.

Mr Tidd, a clock and watch repairer, expressed that his work was impacted as he had to stay within a five-minute response radius, which also affected his ability to shop, socialise, and attend his twins' school events unless he could arrange cover or take leave when others were available.

He also mentioned that he couldn't engage in running, fishing, or participate with his local drama group during his on-call hours due to the possibility of being called out.

Mr Tidd said in a 45 week period until June 2024 there were 57 incident reports and he went out on a fire engine on 31 occasions and went to the fire station on four other occasions.

The barrister representing Devon and Somerset Fire and Rescue Service highlighted that the case's outcome could significantly affect the national operation of fire services, which depend on on-call firefighters.

The tribunal judge acknowledged: "I accept that the Respondent did place constraints on the Claimant in respect of drinking alcohol, needing to be shaven and his hair style during his on-call shifts."

However, the judge concluded: "I do not conclude that these constraints had 'very significant' impacts on his ability to freely manage his time and pursue his own interests during his on-call period."

"Having to have shaved within the last 24 hours is not, objectively such an onerous undertaking as to impact significantly on someone's ability to manage their time freely nor is having to keep hair styled/coloured in such a way as not to undermine public confidence."

"I accept that not being able to drink alcohol has some objective impact on how a person might pursue their interests, however, it does not prevent them from pursuing those interests at all or, for example, spending time with friends and family socialising."

The judge noted Mr Tidd was summoned less than once a week during 2023-2024, and for 97% of his time on call, he could engage in personal activities provided he remained close to the fire station.

A spokesperson for Devon and Somerset FRS expressed satisfaction with the hearing's outcome: "We're pleased with the findings of the hearing as the alternative would have hugely impacted on our ability to provide a fire and rescue service to our communities. We rely on on-call firefighters, and we appreciate and thank them for the commitment they give to serve our communities."