Mr C Booth v Transdev Blazefield Ltd — 2020

Mr Booth was employed as General Manager at York and Malton and was also the nominated Transport Manager. After investigation, a disciplinary hearing on 22 May 2019, and appeal hearings on 20 June 2019 and 15 July 2019, the respondent dismissed him summarily on 30 May 2019 for two main matters: permitting bus 703 to be used in service with an expired MOT and failing to follow health and safety advice and process in relation to Student A's work experience placement. The tribunal found that those two matters were the real reasons for dismissal, not a pre-determined attempt to remove him from the business.

On the unfair dismissal claim, the tribunal applied section 98 ERA 1996 and the Burchell test. It found that the respondent genuinely believed Mr Booth was guilty of the conduct alleged, had reasonable grounds for that belief, and had carried out as much investigation as was reasonable in the circumstances. The tribunal accepted that the process was not perfect and that some matters were imperfectly handled, but held that the respondent's investigation, disciplinary process, and two-stage appeal were sufficient and that dismissal fell within the range of reasonable responses for an employee in Mr Booth's senior role.

On the wrongful dismissal/breach of contract claim, the tribunal held that Mr Booth's failure to ensure bus 703 had a valid MOT and his handling of Student A's placement amounted to gross negligence and a repudiatory breach of contract. It found that bus 703 was properly treated as a York bus for these purposes, that there was no final internal risk assessment completed and shared in the way required, and that the student was moved between York and Malton without a fresh formal assessment. Both claims were dismissed and no monetary award was made.