'I'll keep fighting fire service over dismissal claims'

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Monday, April 05, 2010
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This is Devon

FIRE chiefs have gone to court in a bid to prevent the employment tribunal of a former city firefighter going ahead.

Devon and Somerset Fire and Rescue Service is attempting to block a fresh hearing into whether Sandy Tilke was unfairly dismissed.

As previously reported in the Echo, an employment tribunal last year found in favour of Mrs Tilke, 44, of Rewe, near Exeter.

But the decision was overturned by an Employment Appeal Tribunal (EAT) which ruled that the hearing had fallen into error and recommended a fresh tribunal.

The former military officer, who worked for a number of years as a firefighter, vowed to carry on her unfair dismissal battle and said she would be happy to give evidence at a fresh tribunal.

But fire chiefs have applied to the High Court in a bid to stop a second tribunal going ahead and are asking the country's top judges for permission to appeal the decision made by the EAT.

Mrs Tilke told the Echo yesterday: "The fire service wanted the whole thing thrown out, but I am quite happy to go back to a fresh tribunal.

"Nothing has changed and my evidence will be the same — I have nothing to hide.

"We believe that the next panel will come up with the same result — that I was unfairly dismissed."

Mrs Tilke said last year that fire bosses offered her an undisclosed sum in a bid to stop the tribunal going ahead.

During the hearing in Exeter, the former firefighter accused bosses of conspiring to get rid of her after she returned to work following a long period of sick leave.

It was her second action against the service after she claimed sexual harassment while working at Exeter Fire Station in 2006. Mrs Tilke went on sick leave with work-related stress in 2004.

In the second tribunal, she claimed senior managers made her return to work extremely difficult.

She said that emails circulated to staff by top fire bosses — about the outcome of the first tribunal — were aimed at stirring up "ill-feeling and resentment".

The tribunal panel, led by Judge Parker, upheld Mrs Tilke's complaints and agreed with the former firefighter that on her return to work she had been "set up to fail".

It is not yet known when a decision by the High Court will be made on whether the fire service will be granted permission to appeal the decision by the EAT to send the hearing to a fresh tribunal.

Acting Chief Fire Officer, Pete Smith said: "I can confirm that the service has applied for permission to appeal and is currently awaiting a decision from the Court of Appeal as to whether the appeal will be allowed to proceed. In view of this I feel that it would be inappropriate for the service to make any further comment."

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