Bus driver wins unfair dismissal claim after inconsistent treatment

Employment Law Services Partner Paul MaynardA bus driver who was fired after running a red light was unfairly dismissed, an employment tribunal has ruled.

The man had worked for his transport-company employer and it predecessors for 37 years. He had not been involved in a road accident or received a driving penalty for 32 years. In the incident that led to his dismissal he drove through a red traffic light on a major road.

He argued that the firm’s decision to dismiss him was inconsistent with the treatment of other drivers involved in similar incidents. Other employees had been given final warnings for this type of incident but were not dismissed.

The tribunal judge upheld the employee’s claim for unfair dismissal, but rejected his other claims for age and race discrimination (the employee, aged 59, was of Pakistani heritage).

This judgment highlights the need for consistency for employers taking disciplinary action. As always, expensive and time-consuming litigation can be avoided by taking early legal advice on such matters.

Expert employment law advice in Eastbourne, Bexhill and Hastings

For expert advice on any employment law matter please email Paul Maynard (Employment Law Services Partner) or call him on 01323 435 900. To learn about Paul’s skills and experience please view his website profile.

Posted: 06 July 2017

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