HGV driver dismissed for watching YouTube videos while driving: claim struck out
An HGV driver with 10 years' service was dismissed for gross misconduct after a member of the public complained he was watching videos on his phone while driving. The tribunal struck out his unfair dismissal claim as having no reasonable prospect of success.
1 min read · Last updated 19 May 2026
Case details
- #hgv-driver
- #mobile-phone-use
- #youtube-videos
- #public-complaint
- #strike-out
- #no-reasonable-prospect
Key facts
- The claimant was dismissed for watching YouTube videos on his mobile phone while driving an HGV.
- A member of the public complained about the claimant's driving on 4 April 2023.
- The claimant admitted during the disciplinary hearing that he had mounted his phone on the dashboard and interacted with it.
- The claimant had 10 years' service and requested flexible leave due to his wife's medical condition.
- The respondent's investigation found video evidence of the claimant watching videos while driving on multiple days.
- The tribunal struck out the claim as having no reasonable prospect of success.
Timeline
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Public complaint
A member of the public complained that the claimant was using a handheld device while driving an HGV.
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Video evidence obtained
The respondent downloaded video footage from the in-vehicle camera showing the claimant watching videos while driving.
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Claimant requested flexibility
The claimant told his manager he may need flexibility due to his wife's medical condition.
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Further video evidence
The respondent downloaded additional videos from other dates showing similar conduct.
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Claimant suspended
The claimant returned to work and was suspended pending investigation into the public complaint.
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Disciplinary hearing
The claimant attended a disciplinary hearing and admitted to having his phone mounted and interacting with it while driving.
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Dismissal
The claimant was dismissed for gross misconduct (watching videos while driving an HGV).
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ACAS notification
The claimant notified ACAS of his prospective unfair dismissal claim.
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Early conciliation certificate
ACAS issued an early conciliation certificate.
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Claim presented
The claimant presented his claim for unfair dismissal to the Employment Tribunal.
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Strike-out application
The respondent applied to strike out the claim as having no reasonable prospect of success.
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Preliminary hearing
The tribunal held a preliminary hearing to consider the strike-out application.
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Judgment issued
Employment Judge Knowles issued a reserved judgment striking out the claim.
The legal issue
Whether the claimant's unfair dismissal claim had no reasonable prospect of success, such that it should be struck out under Rule 37(1)(b) of the Employment Tribunal Rules of Procedure 2013.
The outcome
The tribunal struck out the claim, meaning it was dismissed without a full hearing.
The key reason was that the employer had overwhelming evidence of gross misconduct: video footage showed the claimant watching YouTube videos while driving an HGV, and he admitted interacting with his phone. The claimant's suggestion that his request for flexible leave was the real reason for dismissal was speculative and unsupported.
No compensation was awarded as the claim was struck out.
Lessons & takeaways
- Admitting to the conduct at a disciplinary hearing makes it very difficult to later argue that the dismissal was unfair.
- Employers can rely on clear video evidence and public complaints to justify a gross misconduct dismissal.
- A claim that the real reason was something else (e.g., a request for flexible leave) needs concrete evidence, not just speculation.
- Length of service does not protect an employee if the misconduct is serious and well-documented.
What this case shows
This case illustrates how difficult it is to challenge a dismissal when the employer has clear, undisputed evidence of serious misconduct. The HGV driver was caught on camera watching YouTube videos while driving a heavy goods vehicle – a dangerous act that also violates road safety laws. A member of the public complained, and the employer's investigation uncovered video footage from multiple days showing the same behaviour.
The driver admitted at the disciplinary hearing that he had mounted his phone on the dashboard and interacted with it to skip tracks. He later claimed that the real reason for his dismissal was his request for flexible leave due to his wife's medical condition. But the tribunal found no evidence to support that link, and the employer's decision to dismiss was based on the clear misconduct.
What the employer did right
Maritime Transport Limited followed a proper process: they investigated the complaint, gathered video evidence, held a disciplinary hearing, and gave the driver a chance to respond. They also had a clear mobile phone policy that the driver had signed. The tribunal noted that the decision to dismiss was within the range of reasonable responses, especially given the serious safety risk.
Why the claim was struck out
The tribunal struck out the claim at a preliminary stage because it had no reasonable prospect of success. The driver's own admissions and the video evidence made it virtually impossible to argue that the dismissal was unfair. This is a reminder that tribunals will not allow weak claims to proceed to a full hearing, saving time and costs for all parties.
For employees, the lesson is clear: if you admit to serious misconduct and the employer has solid evidence, your chances of winning an unfair dismissal claim are very low. For employers, this case confirms that a thorough investigation and clear policies can protect against challenge.
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