Mr I Hussain v Lea Interchange Bus Company Limited T/A Stagecoach London — 2024

The claimant worked for the respondent as a bus driver from 16 August 2023 until he was dismissed for gross misconduct on 30 January 2024. Two tribunal claims were presented. The first, case number 3200490/2024, was later confirmed by the claimant to have been incorrectly submitted, and the tribunal dismissed it on withdrawal.

The second claim, case number 3200552/2024, was framed in the ET1 and later correspondence as a breach of contract or breach of procedures complaint. The claimant referred to alleged failures in the disciplinary and grievance process, including an ignored appeal, no investigation, involvement of a manager in an investigation, and a grievance said to relate to racial abuse. The respondent understood that no discrimination complaint was being made, and the claimant did not contradict that understanding.

The tribunal found that the substance of the second claim was a challenge to the fairness of the disciplinary process leading to dismissal. It held that there was no freestanding ability to bring claims for breach of the ACAS code or disciplinary/grievance procedures, that no other contractual claim was identified, and that no discrimination claim had been brought. Because the claimant had less than two years' service, the tribunal held that it had no jurisdiction to hear an unfair dismissal claim and struck the claim out for want of jurisdiction.