Bus driver dismissed after driving onto pavement to overtake: dismissal fair

A serious safety breach leads to dismissal

This case shows that even a long-serving employee can be fairly dismissed for a single act of dangerous driving. The bus driver, who had 13 years of service, drove his bus onto a pavement to overtake another bus during rush hour. He admitted the manoeuvre and apologised, but the employer decided that this breach of driving standards amounted to gross misconduct.

The tribunal accepted that the employer genuinely believed the driver had committed misconduct. The decision-maker had reviewed CCTV footage and interviewed the driver before deciding to dismiss. The appeal panel also reviewed the evidence and upheld the decision, noting the driver's previous driving record.

What the employer did right

The employer followed a fair process: a fact-finding interview, a disciplinary hearing with the right to be accompanied, and an appeal. The decision-maker was not aware of the driver's race or religion, which helped defeat the discrimination claims. The tribunal noted that the employer's reference to 'terrorism' in the disciplinary meeting was not related to the driver's protected characteristics but was a comment on the seriousness of the manoeuvre.

What this means for similar claims

This case reinforces that employers in safety-critical industries can treat serious breaches as gross misconduct even when no injury occurs. Employees should be aware that admitting a serious error does not guarantee a lesser penalty. For those considering a discrimination claim, it is important to have clear evidence linking the treatment to a protected characteristic – mere speculation is unlikely to succeed.