Mr A Egenti v Abellio London Limited — 2023

The claimant was employed as a bus driver and was summarily dismissed after CCTV footage from 5 November 2021 was reviewed. The respondent alleged dangerous driving by excessive speed, contravention of a red traffic light signal, use of abusive language, failure to allow passengers sufficient time to reach a safe place before pulling away, and conduct likely to give offence to customers.

The tribunal found that misconduct was the reason for dismissal. It accepted that the CCTV footage was reliable and that the respondent had reasonable grounds for believing the claimant had committed misconduct. The tribunal found that the investigation and disciplinary process were reasonable, that the claimant knew the charges he had to answer, had an opportunity to respond and present mitigation, was accompanied by trade union representatives, and had an appeal heard by a different decision maker.

The tribunal concluded that dismissal was within the range of reasonable responses, given the respondent's health and safety responsibilities as a bus operator and the evidence before the disciplinary officer. The unfair dismissal claim was dismissed. The separate claim for “other payments” described as breach of contract was withdrawn and dismissed upon withdrawal.