In the case of Mr Justin Taylor v Metroline Travel Ltd a London bus driver has won his unfair dismissal claim against Metroline, one of the private companies which runs bus services across North London and Hertfordshire on behalf of TfL, after the court found the disciplinary proceedings held against him were ‘flawed’ and ‘substantively unfair’. Justin Taylor drove bus routes, including the 231, from Potters Bar bus garage for two years until November 2020, when he was dismissed for gross misconduct.
On November 6, 2020, he pulled his double decker bus on route 231 into a bus stand at Turnpike Lane station even though another bus driver, from Sullivan Buses, who was working route 217 was waiting to manoeuvre into it. The Sullivan Buses driver confronted Mr Taylor who turned off the bus engine and indicated he would not move his vehicle.
The Sullivan Buses driver then used the emergency door controls to board Mr Taylor’s Metroline bus and argue with him. Mr Taylor pushed him off the bus and then got into a scuffle with him. Another bus driver intervened to split them up, and the Sullivan Buses driver called the police who did not take any further action.
Metroline then conducted a fact-finding investigation and disciplinary proceedings against Mr Taylor, dismissing him and throwing out his appeal. The tribunal believes that Metroline relied too much on hearsay and missed out vital information in the proceedings such as the police report, testimony from the Sullivan Buses driver and a witness statement from the bus driver who split the fighting pair up. It did not go back and review its investigation when new evidence came to light, despite its own disciplinary policy saying it would.
The three person panel, at Watford Employment Tribunal, found Metroline’s action against Mr Taylor was ‘flawed’ and ‘substantially unfair’ and approved his claim for unfair dismissal, stating he “was clear and candid in his account of events by reference to what was depicted in the CCTV recording.” It ordered that Mr Taylor would be awarded 20 per cent less compensation though, as his behaviour, in part, contributed to what happened.
A remedy hearing has been called for November 2, however a Metroline spokesperson told MyLondon: “Mr Taylor was dismissed because he was involved in a serious altercation with another bus driver and refused to cooperate during the investigation. We are disappointed with the tribunal outcome, and we are appealing its decision.”
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