Mr. Adirazak Ibrahim v London United Busways Ltd — 2023

The claimant, a bus driver, was dismissed for gross misconduct after refusing to undertake an alcohol breath test following an at-fault collision on the respondent's garage forecourt. The tribunal found the respondent's contract and policies allowed alcohol and drug testing, treated refusal to comply as gross misconduct, and that the claimant admitted not providing the breath test. It found the respondent had a genuine belief in misconduct, reasonable grounds for that belief, a reasonable investigation, and that summary dismissal was within the range of reasonable responses.

The claimant's direct race and religion or belief discrimination complaints were dismissed. The tribunal found the 6 July 2020 drug test was randomly generated, that employees with different protected characteristics were selected, and that the requirement to provide a breath test after the 20 July 2020 collision was connected to the collision and the respondent's safety policy rather than to race or religion. It accepted the respondent's evidence that the claimant was offered the opportunity to have a colleague present for the breath test.

The victimisation complaint was dismissed because, although the bundle contained a grievance dated 8 July 2020, the tribunal accepted the respondent witnesses' evidence that they were unaware of it before disclosure in the tribunal proceedings. The unlawful deductions complaint was also dismissed because the tribunal found the claimant had been paid all monies owed on termination and was not owed one week's pay for rest days while suspended.