Bus driver dismissed for refusing to work during pandemic: unfair dismissal claim succeeds
An employment tribunal found that London United Busways unfairly dismissed a bus driver who refused to work in March 2020 due to Covid-19 safety concerns. The driver was awarded £13,410 in compensation.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was a bus driver who stopped working on 25 March 2020 due to Covid-19 safety concerns.
- The claimant made protected disclosures about lack of hand sanitizer and masks.
- The respondent dismissed the claimant for gross misconduct for refusing to return to work.
- The tribunal found the dismissal was unfair because the employer's belief in misconduct was not reasonable.
- The claimant succeeded in a detriment claim for unpaid wages from 5 April to 9 June 2020.
- The compensatory award was reduced by 15% for the claimant's failure to attend the appeal hearing.
Timeline
-
Employment started
Claimant began employment with a predecessor company as a bus driver.
-
Transfer to respondent
Claimant transferred to London United Busways Limited when it took over the route.
-
Final written warning
Claimant received a final written warning for poor driving and vaping.
-
Claimant stopped working
Claimant decided to withdraw his labour due to Covid-19 safety concerns, including front door opening.
-
Pay stopped
Respondent stopped paying the claimant from this date.
-
Furlough request letter
Claimant wrote to request furlough, citing safety concerns.
-
Letter to return to work
Respondent sent a letter asking claimant to return on 13 June 2020, which claimant did not receive.
-
Return to work meeting
Claimant attended meeting with Mr Grubb but was sent home after a dispute about uniform.
-
Disciplinary hearing
Claimant attended disciplinary hearing; he expressed residual safety concerns.
-
Dismissal
Claimant was summarily dismissed for gross misconduct.
-
Liability judgment
Tribunal found unfair dismissal and detriment claim succeeded in part.
-
Remedy judgment
Tribunal awarded £13,410.45 compensation with a 15% ACAS reduction.
The legal issue
The tribunal had to decide whether the bus driver was unfairly dismissed for gross misconduct after he stopped working due to Covid-19 safety fears, and whether he suffered a detriment for raising health and safety concerns.
The outcome
The tribunal found the driver was unfairly dismissed. The employer's decision to dismiss for gross misconduct was outside the range of reasonable responses because the driver had genuine safety concerns about lack of hand sanitizer and masks.
Compensation:
- Basic award: £6,187
- Compensatory award: £7,223.45
- Total: £13,410.45
- Reduced by 15% for failure to attend the appeal hearing (ACAS code uplift)
Lessons & takeaways
- Employers should take employee concerns about health and safety seriously, especially during a pandemic.
- A belief in misconduct must be reasonable based on the facts available at the time of dismissal.
- Employees who raise genuine safety concerns may be protected from detriment, even if their claims of automatic unfair dismissal fail.
- Failure to attend an appeal hearing can reduce compensation by up to 25% under the ACAS code.
A driver's safety fears lead to dismissal
In March 2020, at the height of the first Covid-19 lockdown, a bus driver with eight years' service decided to stop working because he was worried about catching the virus. He had raised concerns about the lack of hand sanitizer and masks, and the requirement to open the front door of the bus. His employer, London United Busways, stopped his pay in April and eventually dismissed him for gross misconduct in October, saying he had refused to return to work.
The tribunal found that while the driver's automatic unfair dismissal claims under health and safety law failed, his ordinary unfair dismissal claim succeeded. The key issue was that the employer's belief that the driver had committed misconduct was not reasonable. The driver had genuine concerns, and the employer had not properly considered them before deciding to dismiss.
What the employer could have done differently
London United Busways could have handled the situation better by engaging with the driver's concerns, offering reassurance about safety measures, and considering alternatives such as furlough. Instead, they stopped his pay early on and later dismissed him without fully investigating his state of mind. The tribunal noted that the driver's failure to attend the appeal hearing reduced his compensation by 15%, but the core finding was that the dismissal was unfair.
Why this matters
This case shows that employers must not rush to dismiss employees who raise health and safety concerns, especially during a public health crisis. Even if the employee's actions are not protected under automatic unfair dismissal provisions, the employer's response must be reasonable. For employees, it highlights that raising concerns is important, but attending appeal hearings is crucial to avoid a reduction in compensation.
Similar cases
Nurse who raised PPE concerns during pandemic wins whistleblowing detriment claim
A district nursing team leader who raised concerns about inadequate PPE and risk assessments during the COVID-19 pandemic has won her claim for detriment against Cardiff and Vale University Local Health Board. The tribunal found she was isolated from her team and her role was changed after making protected disclosures.
Personal assistant who refused to attend work during lockdown wins constructive dismissal claim
A personal assistant with 11 years' service was constructively dismissed after raising health and safety concerns about attending work during the November 2020 lockdown. The tribunal awarded her over £115,000 in total.
Therapist who refused to attend work during COVID-19 lockdown wins constructive dismissal claim
A therapist at Priory Healthcare who refused to attend work during the first national lockdown and raised health and safety concerns has been awarded over £42,000 for constructive unfair dismissal.
Before and after school club leader loses Covid-19 safety dismissal claim
A before and after school club leader who refused to attend work during the pandemic claiming serious and imminent danger has lost her unfair dismissal claim. The tribunal found her belief was not reasonable given the school's risk assessments.