Fire brigade worker wins unfair dismissal case over Tesco self-checkout row

A London Fire Brigade hydrant technician who was fired after a lunchtime confrontation at a Tesco store has won an unfair dismissal case at London's London South Employment Tribunal. The case concerns Ryan Shearwood, a fire hydrant technician with the London Fire Brigade, who was dismissed after an alleged assault of a female shopper during a dispute over queue position.

The incident occurred on Oct. 10, 2022, at Tesco Pinner Green in north-west London. He was waiting near the self-checkout area when the customer claimed she was shoved to the ground after arguing that she had been told to wait and then use a self-checkout to weigh an item. Shearwood said he simply extended his elbow to defend himself from being barged out of the way and denied shoving her. The customer reported the incident to the London Fire Brigade, and the service subsequently dismissed him for misconduct following its internal investigation.

The Employment Judge Patricia Tueje found the fire brigade's investigation deficient and said it was more likely that Shearwood's account of the altercation was accurate than the complainant's claim that he shoved her. The judge noted that there were no independent witnesses who corroborated the customer’s allegation, and the Tesco manager's notes described a shoulder barge rather than a direct shove. The absence of CCTV footage—destroyed after 30 days following a police decision not to pursue an investigation—also weakened the case.

The judge said several elements of the store’s inquiry did not align with a finding of assault. For example, the security guard confirmed Shearwood could leave after showing footage to someone who would review it, a step inconsistent with the conclusion that an assault had occurred. The tribunal concluded the dismissal may have been unfair due to procedural flaws, and a separate hearing to determine compensation will be scheduled for a later date.

The ruling has implications for the London Fire Brigade’s discipline processes and underscores the challenges agencies face when CCTV evidence is limited or unavailable. The decision does not yet set a compensation amount, but it allows for a separate hearing to determine what, if any, remedy Shearwood may receive.