Bus driver with medical condition harassed over toilet breaks: £3,412 awarded
A bus driver with a medical condition requiring toilet breaks was subjected to disability-related harassment after controllers repeatedly queried his need for breaks. The tribunal awarded £3,412.33 for injury to feelings.
1 min read · Last updated 18 May 2026
Case details
- #disability-related-harassment
- #toilet-breaks
- #ibus-reports
- #injury-to-feelings
- #reconsideration-refused
Key facts
- The claimant was a bus driver employed by London United Busways Ltd.
- The claimant had a medical condition requiring toilet breaks.
- Controllers repeatedly queried the claimant's need for toilet breaks despite being notified of his condition.
- The tribunal found disability-related harassment based on repeated references to toilet breaks.
- The claimant's claims of unfair dismissal and breach of contract were dismissed on withdrawal.
- The respondent's reconsideration application was refused.
Timeline
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Potential cut-off date for out-of-time acts
Acts prior to this date were potentially out of time for harassment claims.
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ibus reports about toilet breaks
Several ibus reports in October 2018 indicated conversations about toilet breaks had taken place.
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Mr Britto's letter acknowledging harassment
Mr Britto acknowledged that the claimant felt harassed.
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Interview with claimant
No reference to toilet breaks at this interview.
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Claimant told OH he felt targeted about toilet breaks
The claimant told Occupational Health that he felt targeted about toilet breaks.
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Preliminary hearing
Hearing at London South, Croydon by telephone. Claims in 2301220/2019 and 2301416/2019 dismissed on withdrawal.
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Judgment on withdrawal
Unfair dismissal and breach of contract claims dismissed on withdrawal; remaining claims to continue.
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Original decision sent to parties
The judgment on the merits was sent to the parties.
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Reconsideration applications
Both parties applied for reconsideration.
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Reconsideration refused
Employment Judge Andrews refused both reconsideration applications.
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Remedy hearing
Tribunal awarded £2,500 injury to feelings plus interest, total £3,412.33.
The legal issue
The tribunal had to decide whether the bus driver was subjected to disability-related harassment by his employer, London United Busways Ltd, when controllers repeatedly questioned his need for toilet breaks after being told of his condition.
The outcome
The tribunal upheld the claim of disability-related harassment, finding that the repeated references to the driver's toilet breaks by controllers and a line manager constituted unwanted conduct related to his disability.
The tribunal awarded:
- £2,500 for injury to feelings
- £912.33 interest
- Total: £3,412.33
The driver's claims of unfair dismissal and breach of contract were dismissed after being withdrawn.
Lessons & takeaways
- Employers should ensure that managers and staff are trained not to repeatedly question an employee's reasonable adjustments, such as toilet breaks, once a medical condition has been disclosed.
- Documenting conversations about an employee's disability-related needs can be used as evidence of harassment if the queries are persistent and unwanted.
- Employees who feel harassed due to their disability should raise the issue formally with their employer and consider keeping a record of incidents.
- A successful harassment claim can result in compensation for injury to feelings, even if the employee is no longer employed or has withdrawn other claims.
A pattern of unwanted queries
This case highlights how repeated, unwanted questions about a disabled employee's reasonable adjustments can cross the line into harassment. The bus driver had a medical condition that required him to take toilet breaks during his shifts. He informed his employer, London United Busways Ltd, of his condition, but controllers continued to query his need for breaks via the onboard communication system (ibus). The tribunal found that this persistent scrutiny, despite the employer being aware of the medical need, amounted to disability-related harassment.
What the employer could have done differently
London United Busways could have avoided the harassment finding by ensuring that all controllers were briefed on the driver's condition and instructed not to raise the issue unless there was a genuine operational concern. Instead, the ibus records showed repeated conversations about toilet breaks, and a line manager even requested an occupational health report specifically referencing the breaks. The tribunal noted that the employer's own letter acknowledged the driver felt harassed, yet the behaviour continued.
Why this matters
The case is a reminder that harassment under the Equality Act 2010 does not require a single severe incident; a pattern of unwanted conduct related to a disability can be enough. The award of £2,500 for injury to feelings reflects the distress caused by the repeated queries. For employees in similar situations, it shows the importance of raising concerns early and documenting each instance. For employers, it underscores the need to train staff on respecting reasonable adjustments and to take prompt action when an employee reports feeling harassed.
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