Bus driver dismissed for using phone at wheel: unfair dismissal claim fails
An 18-year bus driver was sacked for gross misconduct after CCTV showed him using a mobile phone while driving. The tribunal upheld the dismissal but awarded £1,019 for unpaid wages and holiday pay.
1 min read · Last updated 19 May 2026
Case details
- #cctv-footage
- #mobile-phone-use
- #dangerous-driving
- #data-protection
- #comparator-evidence
- #lost-mileage
Key facts
- The claimant was employed as a bus driver from 6 May 2003 to 27 January 2021.
- On 30 November 2020, CCTV footage showed the claimant using a mobile phone, driving with doors open, and completing paperwork while driving.
- The claimant was summarily dismissed for gross misconduct after a disciplinary hearing on 27 January 2021.
- The claimant's unfair dismissal and breach of contract claims failed, but his claims for unpaid wages and holiday pay succeeded.
- The tribunal awarded £566.20 for unpaid wages and £452.96 for accrued holiday pay.
Timeline
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Incident on bus route
The claimant drove a bus route and was involved in a road traffic incident (not his fault) causing delays. CCTV footage later revealed misconduct.
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CCTV review
CCTV analyst Mr Le Riche reviewed footage for lost mileage and noted potential management issues regarding the claimant.
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Suspension
Mr Passfield called the claimant for a 'friendly chat' but suspended him after viewing CCTV footage showing mobile phone use.
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Investigation meeting
The claimant attended an investigation meeting and made concessions about his conduct, including using a mobile phone while driving.
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Resignation and retraction
At the disciplinary hearing, the claimant's union rep said he would resign. The claimant later retracted his resignation.
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Dismissal
After a further disciplinary hearing, the claimant was summarily dismissed for gross misconduct.
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Claim presented
The claimant submitted his claim form to the employment tribunal.
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First day of final hearing
The tribunal heard evidence and the claimant's representative applied for a postponement, which was refused.
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Resumed hearing and judgment
The claimant did not attend; the tribunal heard respondent's submissions and issued judgment.
The legal issue
The tribunal had to decide whether the driver was unfairly dismissed for using a mobile phone while driving, whether there was a breach of contract regarding data protection, and whether he was owed unpaid wages and holiday pay.
The outcome
The tribunal dismissed the unfair dismissal and breach of contract claims, but upheld the claims for unpaid wages and holiday pay.
- Unpaid wages: £566.20
- Accrued holiday pay: £452.96
- Total award: £1,019.16
Lessons & takeaways
- CCTV footage of mobile phone use while driving is strong evidence of gross misconduct, especially for professional drivers.
- Length of service (18 years) does not automatically protect against dismissal if the misconduct is serious enough.
- Employers should ensure they follow a fair disciplinary process, but a genuine belief in misconduct based on clear evidence can justify summary dismissal.
- Employees should not resign during a disciplinary hearing unless they are certain, as retracting a resignation may not prevent dismissal.
- Claims for unpaid wages and holiday pay can succeed even if the main unfair dismissal claim fails.
CCTV footage leads to dismissal
A London bus driver with 18 years' service was sacked for gross misconduct after CCTV showed him using a mobile phone while driving, driving with doors open, and completing paperwork at the wheel. The tribunal found that the employer, Abellio London Limited, had a genuine belief in the misconduct and that dismissal was within the range of reasonable responses, so the unfair dismissal claim failed.
What the driver could have done differently
The driver admitted using his phone during an investigation meeting, which made it difficult to argue that the employer acted unreasonably. While he later tried to retract a resignation offered during the disciplinary hearing, the employer proceeded to dismiss him anyway. The tribunal noted that the employer followed a fair process, including suspension, investigation, and two disciplinary hearings.
Why the result matters
This case shows that even long-serving employees can be fairly dismissed for serious safety breaches caught on CCTV. Professional drivers should be aware that using a mobile phone while driving is likely to be treated as gross misconduct, regardless of their service record. However, the driver did succeed in recovering unpaid wages and holiday pay, demonstrating that employees can still win on some claims even if their main complaint fails.
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