Firefighter sacked for throwing YouTuber's phone has pay-out slashed for 'dishonesty'
John Linden, former King's Lynn station manager, lost his job after footage emerged of the firefighter seemingly throwing away a disabled YouTuber's phone after the pair got into an altercation at the scene of a fire.
The 53-year-old would have been awarded more than £15,000 for being sacked by the Norfolk Fire and Rescue Service (NFRS) unfairly, due to procedural errors in its disciplinary process that led to Mr Linden's firing.
John Linden, photographed on scene in Brancaster during the 2022 summer heatwave (Image: Chris Bishop)
But an employment tribunal judge has ruled his payout should be slashed by 75pc after Mr Linden denied throwing the device.
However, the level of compensation Mr Linden could receive is due to go under further review at a later hearing
The fireman, who had served for 32 years, protested his innocence during the employment tribunal last year and stated that there was "no evidence" he had thrown the phone.
Video footage from the scene of a fire at Hardings Pit in King's Lynn in the summer of 2023 did not capture fully the moment he was alleged to have launched Jimmy Evans' phone over a hedge.
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He instead said he may have deflected the object away from him in response to a sudden movement by Mr Evans, who shares videos on YouTube under the name Wheelz Media.
Mr Evans' footage was a key piece of evidence at the tribunal and was viewed in close detail by the tribunal panel.
The tribunal found Mr Linden had thrown the phone away and that this amounted to gross misconduct.
In his remedy hearing judgement, employment judge A. Spencer said: "We consider that the conduct concerned was gross misconduct.
"The claimant was employed in a senior capacity as station manager.
"He was a role model for others. His behaviour was particularly culpable and blameworthy and was compounded by his dishonesty."
Jimmy Evans is wheelchair-bound and was on the scene to photograph the fire (Image: Jimmy Evans)
But the tribunal also found there had been mitigating factors that led to Mr Linden throwing Mr Evans' phone away, which included the firefighter's Post Traumatic Stress Disorder (PTSD).
Jude Spencer added: "The claimant’s actions were in the face of challenging behaviour from Mr Evans.
"The claimant had PTSD which made it more challenging to deal with such aggressive and provocative behaviour.
"Furthermore, his length and quality of service are significant mitigating factors."
Despite this, Mr Linden may still get more compensation.
To date he has received £3,938.25, but at the remedy hearing it was heard that he had not calculated for his future loss of earnings.
The judge urged Norfolk Fire Service and Mr Linden to reach an agreement on this outside of court.
John Linden rose to a senior rank in the Norfolk Fire and Rescue Service (Image: Supplied)
The incident which led to Mr Linden's resignation occurred in 2023 at Hardings Pit in King's Lynn.
Footage widely shared online appeared to show Mr Evan's phone being thrown by Mr Linden into the undergrowth.
The pair got into an argument after Mr Evans, who makes videos under the name Wheelz Media, refused to move away from the smoke coming from the smouldering grass.
The video was key to Mr Linden's dismissal and NFRS officials said the footage risked damaging the service's reputation and eroding the public's trust.
However, Mr Linden said the blogger had been known to harass his staff previously and that he had acted in an aggressive manner at the scene.
