Bus driver dismissed after aggressive phone call: conduct dismissal upheld
A bus driver with two years' service was fairly dismissed for making an aggressive phone call to a controller while on a final written warning. The tribunal rejected his claims of race discrimination and victimisation.
1 min read · Last updated 18 May 2026
Case details
Key facts
- Mr Sesay was employed as a bus driver from September 2018 until dismissal on 21 December 2020.
- On 11 July 2020, Mr Sesay was involved in an altercation with another driver and a passenger, leading to a final written warning.
- On 26 November 2020, Mr Sesay made an aggressive phone call to a controller, leading to dismissal.
- Mr Sesay had previous oral warnings for conduct issues in 2019 and 2020.
- The tribunal found Mr Sesay's behaviour on both occasions was aggressive and intimidatory based on CCTV and audio evidence.
- The tribunal rejected Mr Sesay's claims of race discrimination and victimisation, finding no less favourable treatment compared to named comparators.
Timeline
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Employment started
Mr Sesay began working as a bus driver for Metroline West Limited.
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First oral warning
Mr Sesay received an oral warning for refusing to allow passengers to board his bus.
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Second oral warning
Mr Sesay received an oral warning for remonstrating with a car driver.
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Third oral warning
Mr Sesay received an oral warning partly due to his behaviour.
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Advice and guidance
Mr Sesay was issued advice and guidance for poor attitude and conduct.
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Altercation with driver and passenger
Mr Sesay was involved in an aggressive altercation with another driver and a passenger while off duty but in uniform. He was suspended later that day.
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Final written warning imposed
Following a disciplinary hearing, Mr Sesay received a final written warning for the July 11 incident, valid for 12 months.
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Blink messaging warning
Mr Sesay posted a motivational message on the Blink messaging service and was reminded by a manager that it was a workplace tool.
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Aggressive phone call to controller
Mr Sesay made an aggressive phone call to a controller after receiving a text about punctuality. An official report was raised.
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Suspension and investigation meeting
Mr Sesay was suspended pending investigation into the November 26 incident.
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Disciplinary hearing (adjourned)
A disciplinary hearing began but was adjourned to allow Mr Sesay more time to prepare.
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Disciplinary hearing and dismissal
The disciplinary hearing concluded; Mr Sesay was dismissed for misconduct (improper and threatening behaviour).
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Dismissal effective
Mr Sesay's dismissal took effect.
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Appeal dismissed
Mr Sesay's appeal against dismissal was upheld by Mr Wright.
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Claim form submitted
Mr Sesay submitted his claim to the employment tribunal.
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Final hearing begins
The three-day final hearing commenced at Watford Employment Tribunal.
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Oral judgment given
The tribunal gave an oral judgment dismissing all claims.
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Written judgment sent
The written judgment was sent to the parties.
The legal issue
The tribunal had to decide whether the bus driver was unfairly dismissed for misconduct, and whether he was subjected to direct race discrimination or victimisation in relation to disciplinary actions, suspension, and dismissal.
The outcome
The tribunal dismissed all claims. It found that the employer had a genuine belief in the driver's misconduct based on clear evidence, including an audio recording of the aggressive phone call and CCTV footage of a previous altercation. The driver's disciplinary record, including a final written warning, meant dismissal was a reasonable response.
No compensation was awarded as the claims failed.
Lessons & takeaways
- Employers can fairly dismiss for misconduct if they have a genuine belief based on reasonable grounds after a reasonable investigation.
- A final written warning for similar behaviour makes it easier for an employer to justify dismissal for a further incident.
- Allegations of race discrimination are unlikely to succeed if the employer can show consistent treatment of all employees in similar circumstances.
- Representing yourself at tribunal is possible, but having legal representation can help present a stronger case.
What this case shows in practice
This case illustrates how employment tribunals assess conduct dismissals, particularly where an employee has a history of disciplinary issues. The bus driver had received multiple warnings for aggressive behaviour, culminating in a final written warning after an altercation with another driver and a passenger. When he later made an aggressive phone call to a controller, the employer dismissed him. The tribunal accepted that the employer genuinely believed the driver was guilty of misconduct, based on clear evidence including an audio recording of the call.
What the losing side could have done differently
The driver argued that the dismissal was unfair because the final written warning was imposed in bad faith and that he had been treated less favourably than white colleagues. However, the tribunal found no evidence of bad faith or racial bias. The employer had followed its disciplinary procedure, conducted a reasonable investigation, and given the driver the opportunity to respond. The driver's lack of legal representation may have made it harder for him to challenge the employer's evidence or present his comparators effectively.
Why the result matters for similar claims
This case confirms that employers can rely on a pattern of misconduct to justify dismissal, even for a relatively short-serving employee. It also shows that race discrimination claims require clear evidence of less favourable treatment, not just a feeling of unfairness. For employees, the lesson is that a final written warning for misconduct puts you at risk of dismissal for any further breach, and that tribunals will scrutinise the employer's process but not substitute their own judgment if the process was fair.
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