Details of alleged bullying emerge as tribunal begins against controversial fire chief

An employment tribunal has begun over bullying allegations against the controversial new chief of crisis-hit South Wales fire service. Stuart Millington's recent secondment to the interim chief position has come under heavy scrutiny due to the tribunal claim accusing him of harassment, discriminationm and bullying.

Mr Millington – who has been seconded from his role as assistant chief fire officer for North Wales Fire and Rescue Service – is facing a tribunal brought by Dafydd Roberts, a 40-year-old St Asaph-based watch manager for North Wales fire service. His claim names two other respondents – North Wales Fire and Rescue Service itself and its group manager Ros Thomas. We recently revealed that elements of Mr Roberts' grievance against Mr Millington were upheld before he brought the tribunal action.

Mr Roberts joined North Wales fire service in 2004 as a fire control operator and eventually became a watch manager. He also spent time as a station manager and a retained firefighter. He has received commendations for his work and served "without a blemish on his disciplinary record for the last 19 years" according to the papers filed by his team.

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In his claim he accuses the respondents of penalising him for taking part in union activities, harassing and discriminating against him due to his belief in trade unionism and his disability, and breaching his right to be accompanied by a rep at a disciplinary hearing. He says he has a protected philosophical belief in labour solidarity and trade unionism. The papers describe him as being disabled due to his anxiety and depressive disorder.

On March 18 last year Mr Roberts sent a message in a private Telegram group for watch managers after he had allegedly been approached by several union members who were concerned about the appointment of "a relative of a senior officer" to a role in the fire service "without advertisement or competitive process". The papers claim that members of the group discussed taking out a collective grievance. Mr Roberts says he was acting in his capacity as a Fire Brigades Union (FBU) representative.

About two days later Ms Thomas allegedly questioned staff about the messages. The papers claim she "had obtained a copy of the Telegram messages and, in an intimidating and bullying manner, proceeded to question control room operators in attendance individually, while in the presence of the group, whether they agreed with the sentiments expressed". Mr Roberts protested that this "appeared to be retaliation" against union members expressing their views in what was supposed to be a confidential space. These allegations are denied by the respondents.

On March 27 last year Mr Roberts says he was summoned to a disciplinary meeting but refused to attend unless he could be accompanied by an FBU representative. He alleges Mr Millington told him that he was refusing a "reasonable management request" and that "if you want to make this formal we'll make it formal". Mr Millington denies threatening Mr Roberts for wanting to be accompanied by a union rep.

Mr Roberts says he then left work due to the stress of the situation and was from that point off sick. But Mr Millington allegedly scheduled a meeting with him for the following day, which Mr Roberts did not attend due to being unwell. It is claimed that Mr Millington then spoke to the FBU and accused Mr Roberts of committing "corporate terrorism" by raising complaints brought to him by members. This is denied by the respondents.

Mr Roberts says he later attended a meeting with Mr Millington and Ms Thomas. He alleges that Mr Millington "adopted a very intimidating and bullying manner, raising his voice" and pressing Mr Roberts to "agree that he had committed misconduct by raising the matter of nepotism". Mr Millington also allegedly made a "disobliging" comment about Mr Roberts' appearance. These allegations are denied by the respondents.

At a later meeting with the FBU Mr Millington is alleged to have been "obsessively critical" of Mr Roberts and accused him of "malingering and not being genuinely sick" and needing anger management courses. These allegations are denied by the respondents.

Since the day he went off sick Mr Roberts says he has been signed off by a doctor and received medication for depressive and anxiety disorder and insomnia. He says he has experienced anxiety since 2012 – and previously had counselling for an incident in his job where he had to handle a dead body – but it was "never at the level that it is now". He claims he has been treated unfavourably by being placed on half pay and allegedly being told "he could only get full pay if his condition amounted to PTSD (post-traumatic stress disorder)". These allegations are denied by the respondents.

Mr Roberts says he has tried to improve the culture of the service by speaking out against "mismanagement and abuse on multiple occasions, often to his own detriment", as well as racism, homophobia, and sexism. He says the Telegram messages were the product of his philosophical belief in trade unionism and that his bosses' alleged "bullying behaviour" created a hostile work environment for him. He also claims he was discriminated against due to a "code of silence" which sees whistleblowers "ostracised or punished". These allegations are denied by the respondents.

The claim calls for the respondents to pay Mr Roberts compensation for personal injury, injury to feeling, and financial losses. But the respondents deny Mr Roberts experienced any detriment for trade union activities or that he was prevented from taking part in them or deterred from using a trade union's services. Mr Millington claims he "made it clear" that Mr Roberts could be accompanied to meetings by a rep.

The fire service also claims Mr Roberts' belief in trade unionism is not protected under the Equality Act but "simply an opinion or viewpoint". The respondents deny discriminating against Mr Roberts over any belief. The service's response also denies Mr Roberts' disability had a "substantial adverse effect" on his ability to carry out day-to-day activities.

The response continues: "[Mr Millington] denies that he labelled the claimant's acts in raising complaints brought to him by members as 'corporate terrorism' having instead used an expression of 'organisational terrorism' to refer to the [messages] sent by the claimant. Further [Mr Millington] denies that any such alleged comments, which are denied, amount to a detriment for taking part in trade union activities."

Jonathan Walters, for the respondents, argued that Mr Roberts' claims were past the time limit because he had until August 2023 to bring them but waited until December. But Edward Walker, representing Mr Roberts, responded that his client was unable to bring the tribunal sooner because of his disability and mental health. "All parties have now conceded he had a disability," said Mr Walker.

Mr Walters argued Mr Roberts was "not someone who was incapable of functioning" during the period when he could have brought the tribunal claim in time. The lawyer pointed to invoicing work that Mr Roberts did as part of his carpet-cleaning business during this time. Mr Walker responded that this work was minimal and covered less than one invoice per week. Before ending the hearing Judge Stephen Povey said he would consider the respondents' argument that the claims should be struck out because they were out of time.

Last August we revealed that five senior figures in North Wales fire service were under investigation for bullying or sexual misconduct allegations. WalesOnline spoke with a group of whistleblowers who hit out at an alleged culture of misogyny and sexual harassment at the service.

Earlier this year the Welsh Government took over responsibility for South Wales Fire and Rescue Service after a damning report found it had tolerated sexual harassment. The report, which revealed homophobia and "a sexist and misogynist culture", led to chief Huw Jakeway apologising and stepping down. The Welsh Government appointed four commissioners to reform the service and one of their first actions was to appoint Mr Millington as interim chief fire officer. They say they were aware of his record and the upcoming tribunal.

Shortly afterwards the FBU in south Wales agreed it had no confidence in Mr Millington as interim chief. Members said they felt "profoundly and deeply let down” by the appointment. “Serious concerns were raised relating to both how Mr Millington was appointed and around widely reported, unresolved allegations of bullying, harassment, and discrimination held against Mr Millington," said the union committee.

Last month Plaid Cymru leader Rhun ap Iorwerth read the conclusion of an independent report commissioned by North Wales fire service into Mr Roberts' case against Stuart Millington. The report said there was evidence that could support a bullying, harassment, and discrimination case against Mr Millington.

You can read more about the damning report into South Wales fire service here. If you would like to share information about the fire service email us at conor.gogarty@walesonline.co.uk