Bus driver dismissed after wrist injury: capability decision upheld
A bus driver with four years' service was fairly dismissed for capability after a long-term wrist injury prevented safe driving. The tribunal also rejected his claim for unpaid wages as out of time.
1 min read · Last updated 18 May 2026
Case details
- #long-term-sickness
- #occupational-health
- #capability-dismissal
- #wrist-injury
- #light-duties
- #steering-knob
Key facts
- Mr Barnes was employed as a bus driver from 24 February 2014 until 12 November 2018.
- He was dismissed for capability due to long-term absence caused by wrist and shoulder problems.
- The respondent obtained three occupational health reports over three months.
- Mr Barnes was not paid for 25, 26, and 27 April 2018; the tribunal found he was willing and available to work on those days.
- The wages claim was presented after the statutory time limit and was not extended.
- The tribunal found the dismissal was within the range of reasonable responses.
Timeline
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Shift issue raised
Mr Barnes contacted Abellio about an incorrect shift assignment on Dasweb.
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Shifts cancelled
Mr Barnes's shifts for 25-27 April were cancelled; he spoke to manager Darren Stedman and was told to attend on 27th for route learning.
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Route learning and grievance
Mr Barnes attended route learning and raised a grievance about unpaid shifts.
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Sick leave began
Mr Barnes was signed off sick with stress.
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First OH report
Occupational Health reported Mr Barnes fit to return to work from a mental health perspective; noted wrist issues.
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Attempt to return to work
Mr Barnes attempted to return but was told he could not drive due to wrist issues; placed back on sick leave.
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Second OH report
OH reported wrist problems likely to prevent work for many months.
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First capability hearing
Capability hearing adjourned to await scan results.
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Third OH report
OH reported tendonitis and shoulder inflammation; prognosis depended on cortisone injections.
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Dismissal
Capability hearing reconvened; Mr Barnes was dismissed due to inability to drive safely.
The legal issue
The tribunal had to decide whether the employer fairly dismissed the bus driver for capability due to long-term sickness, and whether a claim for unpaid wages for three days in April 2018 was brought in time.
The outcome
The tribunal dismissed both claims. The unfair dismissal claim failed because Abellio London Ltd had a genuine belief, based on up-to-date medical evidence, that the bus driver could not safely perform his duties. The employer consulted him, obtained three occupational health reports, and waited a reasonable time before dismissing.
The wages claim for 25-27 April 2018 was rejected because it was presented after the three-month time limit. The tribunal found no series of deductions and no reason to extend time.
Lessons & takeaways
- Employers can fairly dismiss for capability if they have up-to-date medical evidence and have consulted the employee.
- Claims for unauthorised deductions from wages must be brought within three months of the deduction or the last in a series.
- A long-serving employee may expect more process, but four years' service does not guarantee a different outcome if the medical evidence is clear.
- Employees should keep records of shifts worked and pay issues, and act promptly to bring claims within time limits.
When a wrist injury ends a driving career
This case shows how an employer can fairly dismiss a long-serving employee for capability when a physical injury prevents safe performance of the job. The bus driver had worked for Abellio London Ltd for over four years when wrist and shoulder problems made it impossible for him to drive a bus safely. The employer obtained three occupational health reports over three months, all confirming the driver could not return to driving. The dismissing officer considered alternatives like light duties, but none were available. The tribunal accepted that the employer genuinely believed the driver was no longer capable and had acted reasonably.
What the employer did right
Abellio London Ltd followed a proper process. It consulted the driver, obtained up-to-date medical evidence, and waited for scan results before making a decision. The tribunal noted that the employer could not be expected to wait indefinitely. The driver had been off sick since May 2018, and by November 2018 the prognosis was uncertain. The employer's decision to dismiss was within the range of reasonable responses.
The wages claim that arrived too late
The driver also claimed he was not paid for three days in April 2018 when he was willing and available to work. However, he did not bring this claim until 2019, well after the three-month time limit. The tribunal found no continuing series of deductions and no reason to extend time. This is a reminder that employment tribunal claims have strict deadlines.
What this means for similar cases
For employees with long-term health conditions, this case highlights the importance of providing up-to-date medical evidence and engaging with the employer's process. For employers, it shows that a capability dismissal can be fair if based on current medical reports, proper consultation, and a genuine belief that the employee cannot do the job. The outcome also underscores that time limits for bringing claims are strictly enforced.
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