Bus driver was fairly dismissed for gross misconduct after physically assaulting a passenger

In the case of Hehir v Metroline Ltd, the Employment Tribunal had to consider whether the employee was fairly dismissed for gross misconduct after intervening in an incident with a passenger.

Facts

The claimant was employed by the respondent as a bus driver for just over two years when they were dismissed without notice for gross misconduct.

The dismissal followed events that took place on 25 June 2024, when the claimant was driving a bus and pulled into a bus stop. A man, referred to as 3P in the tribunal judgment, pushed past a female passenger and pulled a necklace from their neck and ran off up the road. The claimant chased after the man and retrieved the necklace for the female passenger. The man returned towards the bus when the claimant hit the man, knocking them unconscious.

The claimant was arrested but was later told by the police that no further action would be taken against him.

The next day, the claimant was suspended from work and requested to attend an investigation into the incident. On 27 June 2024, the claimant attended an investigation meeting, accompanied by a trade union representative, during which they watched CCTV of the incident.

A disciplinary hearing took place on 1 July 2024, and this was heard over several days. The claimant was dismissed for gross misconduct without notice. The claimant appealed against the dismissal, but this was not upheld.

A further, paper-based review of the case took place in accordance with the respondent’s disciplinary procedure. This was carried out by the chief operating officer who confirmed their decision to uphold the dismissal.

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Employment Tribunal (ET)

The tribunal found that conduct was a fair reason for dismissal in this case, ie the respondent’s belief that the claimant brought the respondent into disrepute, committed a physical assault on 3P and breached company safety policies when they left the bus unattended with the engine running to chase an assailant.

The disciplinary and appeal managers held a genuine belief that the claimant was guilty of gross misconduct which was held on reasonable grounds and was within the band of reasonable responses. The respondent carried out a fair and reasonable investigation and dismissal was a fair sanction.

Therefore, the claim for unfair dismissal was not well-founded and was dismissed.

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Bus driver was fairly dismissed for gross misconduct after physically assaulting a passenger

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