Respondent won Employment Tribunal · 23 March 2023

Bus driver dismissed for speeding and running a red light: dismissal upheld as fair

A bus driver with 4 years' service was fairly dismissed after CCTV showed him speeding and running a red light, leading to a customer complaint. The tribunal rejected his unfair dismissal claim.

1 min read · Last updated 18 May 2026

Case details

Key facts

  • Mr Egenti was employed as a bus driver from 9 November 2019 until 3 December 2021.
  • On 5 November 2021, a customer complained about Mr Egenti's aggressive driving and confrontation.
  • CCTV footage showed Mr Egenti driving at 28 mph in a 20 mph zone and running a red light.
  • Mr Egenti admitted to speeding and running the red light at the hearing.
  • Abellio dismissed Mr Egenti summarily for gross misconduct after a disciplinary hearing and appeal.

Timeline

  1. Employment started with London United

    Mr Egenti began working as a bus driver for London United Busways.

  2. TUPE transfer to Abellio

    Mr Egenti's employment transferred to Abellio London Limited under TUPE.

  3. Incident occurred

    Mr Egenti drove a bus in a manner that led to a customer complaint, including speeding and running a red light.

  4. Customer complaint received

    Abellio received a complaint from a customer about Mr Egenti's behaviour on 5 November 2021.

  5. Investigatory meeting

    Mr Teggart held an investigatory meeting with Mr Egenti and reviewed CCTV footage. Mr Egenti was suspended.

  6. Disciplinary hearing

    Mr Moran chaired a disciplinary hearing where Mr Egenti was accompanied by a union representative.

  7. Summary dismissal

    Mr Egenti was summarily dismissed for gross misconduct.

  8. Dismissal letter sent

    Mr Moran wrote to Mr Egenti confirming the dismissal and the reasons.

  9. Appeal hearing

    Ms Fanibi heard Mr Egenti's appeal, accompanied by a union representative.

  10. Appeal dismissed

    Ms Fanibi upheld the original decision to dismiss Mr Egenti.

The outcome

The tribunal dismissed the claim for unfair dismissal. It found that Abellio had carried out a reasonable investigation, including reviewing CCTV footage and holding an investigatory meeting. The disciplinary and appeal hearings were procedurally fair. The decision to dismiss for gross misconduct was within the range of reasonable responses, given the seriousness of speeding and running a red light while driving a bus. No compensation was awarded.

Lessons & takeaways

  • Employers can fairly dismiss for a single act of gross misconduct if it is serious enough, such as dangerous driving.
  • CCTV evidence can be powerful in supporting a misconduct dismissal, especially when the employee admits the facts.
  • A fair process with investigation, disciplinary hearing, and appeal is crucial to defending an unfair dismissal claim.
  • Employees should be aware that driving offences like speeding and red-light violations are likely to be treated as gross misconduct by transport companies.

This case shows how seriously transport operators take safety breaches. A bus driver with 4 years' service was dismissed after CCTV footage showed him driving at 28 mph in a 20 mph zone and running a red light. A customer complaint triggered the investigation, and the driver admitted the facts at the tribunal.

What the employer did right

Abellio followed a thorough process. It held an investigatory meeting, suspended the driver, and then conducted a disciplinary hearing where the driver was accompanied by a union rep. The decision to dismiss was made by an operations manager, and an appeal was heard by an employee relations manager who upheld the dismissal. The tribunal noted that the employer genuinely believed the driver had committed gross misconduct and had reasonable grounds for that belief.

What the driver argued

The driver claimed he had not seen the company's disciplinary policy and that the dismissal was unfair. However, the tribunal pointed out that as a PSV licence holder, he would have known that speeding and running a red light were serious matters. The Highway Code applies to all drivers, and the employer's policy listed dangerous driving as gross misconduct.

Why the result matters

This case reinforces that employers in safety-critical industries can dismiss for a single serious breach without needing a prior warning. The range of reasonable responses test gives employers some leeway, and tribunals will not substitute their own judgment if the process was fair and the decision was within that range. For employees, it highlights that admitting the facts does not automatically make a dismissal unfair if the employer acted reasonably.

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