Bus driver dismissed for using phone while driving: insufficient service bars unfair dismissal claim

This case shows how strict procedural rules can prevent claims from being heard, even if the underlying facts might seem unfair. The bus driver was dismissed for using his mobile phone while driving, which caused a collision. He argued that other drivers had not been dismissed for similar conduct, suggesting race discrimination. However, his claims failed before they could be considered on their merits.

The service requirement

The most significant barrier was the driver's length of service. He had worked for only about seven weeks. Under UK employment law, employees generally need two years' continuous service to bring an unfair dismissal claim. This rule applies regardless of how strong the case might be. The tribunal noted that the claim was 'mistakenly accepted' and should have been rejected at the outset.

The time limit for discrimination claims

The race discrimination claim was also out of time. Discrimination claims must be brought within three months of the alleged act. Even allowing for early conciliation, the driver's claim was late. The tribunal found no reason to extend time, especially as the driver did not attend the hearing to explain the delay.

What the respondent did well

Abellio London Limited had a clear policy on mobile phone use, which the driver had signed. CCTV evidence showed the breach. The respondent also identified only one comparator and explained why that person's circumstances were materially different — a key point in defending discrimination claims.

Why this matters

For anyone considering a tribunal claim, this case is a reminder to check eligibility before filing. Service length, time limits, and attendance at hearings are not technicalities — they are fundamental to whether a claim can proceed. Even if the facts seem strong, procedural hurdles can stop a case in its tracks.