London Fire Brigade worker wins unfair-dismissal case over Tesco self-checkout row
Tribunal finds the firefighter's account more credible than the shopper's and says the investigation was not fair; compensation decision pending.
A London Fire Brigade employee has won an unfair dismissal challenge after being fired over an alleged assault at a Tesco store, tribunal records show. Employment Judge Patricia Tueje ruled that Ryan Shearwood’s account of the October 2022 incident is more credible than the shopper’s description and that the London Fire Brigade’s investigation did not meet fair procedural standards. The decision means Shearwood, a hydrant technician, could receive compensation, with a separate damages hearing scheduled for next month.
Shearwood, who joined the London Fire Brigade in 2019, was dismissed four years later after investigators concluded he assaulted a female Tesco customer who had allegedly pushed to the front of the self-checkout queue at the Pinner Green store in north‑west London. The shopper said she was shoved to the ground during a lunchtime dispute, and that she later reported the incident to the fire brigade. Shearwood, in his statement, said he did not shove her and that his action amounted to extending his elbow to shield himself from being knocked off balance after being accused of cutting in front of others.
The absence of CCTV footage complicates the case. Tesco would not release video without a police investigation, and the footage was subsequently destroyed after 30 days. A Tesco store manager described what the CCTV showed: a bearded man near the self-checkout shoulder-barging a woman to the floor, with no accompanying audio. The manager’s account aligned with the shopper’s claim of an assault, but a key divergence remained: witnesses did not observe Shearwood actually shove the complainant, and Shearwood’s own testimony contradicted that specific act.
Judge Tueje noted several inconsistencies and deficiencies in the investigation that undermined the fairness of the firing. She wrote that while the manager’s description indicated a shoulder barge, it did not conclusively prove an assault as described by the complainant. The judge suggested the shoulder barge could reflect the complainant leaning into Shearwood and his decision to raise an arm in response. She also highlighted the lack of corroborating independent witnesses who saw a shove, and questioned the timing and handling of CCTV viewing by security staff. The tribunal’s findings indicated that the fire brigade’s decision to dismiss was not supported by robust, fair evidence.
The ruling does not automatically overturn Shearwood’s dismissal; instead, it declares the dismissal unfair and orders a separate consideration of compensation. A hearing to determine damages was set for the following month. The case underscores the complexities that can arise when personnel disputes intersect with third-party store surveillance, particularly when key video evidence is destroyed or unavailable for review.
The Tesco incident occurred at the Pinner Green store in London’s north‑west outskirts during a lunchtime period, a timeframe underscored by both the complainant’s account and the store manager’s observations. The tribunal’s decision focused on the procedural fairness of the investigation and the credibility of competing accounts, rather than delivering a definitive determination of who was at fault at the moment of the confrontation. As the compensation phase proceeds, both sides face the prospect of financial redress tied to the outcome of the damages hearing, and the ruling adds to ongoing discussions about how employers should assess alleged customer-facing misconduct where corroborating evidence is limited.