A former police officer who was sacked for sending fake text messages to a colleague’s partner has got his job back.
Simon Bidgood was dismissed without notice in November last year but his barrister said the misconduct panel had failed to consider the context of his actions.
An appeal tribunal this week ruled he should have been handed a final written warning, so he will be reinstated and get back pay.
The tribunal held over Skype on May 19 heard Mr Bidgood contacted his colleague PC X’s partner, Mr Y, on Facebook to tell him she was a “conniving, scheming liar” who had been “two-timing” them, and revealed intimate details of their sex life and his mental health.
The former Chard response officer did not have any hard evidence of his affair with PC X so he fabricated a text message exchange, but failed to remove the name of the website - ifaketextmessages.com.
When he was found out, he claimed he had tried to replicate previous messages between himself and PC X, the tribunal heard.
Representing Mr Bidgood, Fiona Elder said: “The [original misconduct] panel failed to consider whether the fake message may have been a reconstruction of an actual message.
“Context is important, particularly where the person is off duty and not acting as an officer.
“This was a personal conversation about extremely personal matters. The references to Mr Y’s sex life, problems with the relationship and mental health were extremely limited. There was no taunting or belittling.
“There’s no indication by the panel how it considered that the conversation brought discredit on the police service as a whole, or why it amounts to gross misconduct serious enough to justify dismissal.
“There’s nothing to indicate a fair approach to this matter. By failing to address it they aren’t making a reasoned and reasonable decision.”
Representing Avon and Somerset Police, James Berry told the tribunal that chief constable Andy Marsh had resisted the appeal.
He said: “Mr Bidgood’as behaviour was seriously dishonest and plainly merited a finding of gross misconduct and his dismissal.
“This was a case where the background was inconsequential, given the nature of his misconduct. There was no unfairness.
“All the allegations were based on incontrovertible electronic evidence.
“The message exchange was fabricated. Even if there had been a similar exchange on Snapchat, it was still dishonest to behave the way he did.
“He knew there would be potentially serious consequences - it might have ended Mr Y’s relationship with PC X.
“Mr Y was so upset he had to return home early from his military duties.
“Would recruiting an officer like that protect public confidence in the police?
“Fabrication of evidence and lying should only result in a finding that the officer is dismissed without notice.”
Chairing the tribunal, Sara Fenoughty said: “There needed to be clear findings regarding the existence of the original Snapchat messages.
“The panel finds that the appropriate overall finding should have been gross misconduct.
“As regards the sanction, this should have been a final written warning.”
Mr Bidgood has been reinstated as a police officer.
He will receive back pay, set off with anything he has earned since he was dismissed.
The panel’s full written decision will be published in the coming days.
