Mr Edward McAllister v Represented by: Mr S Connolly - Solicitor First Glasgow — 2019

The claimant was employed as a bus driver from 23 March 2000 and was dismissed on 12 December 2017 after a collision with a pedestrian on Dumbarton Road. He brought claims for unfair dismissal and wrongful dismissal in respect of notice pay; an age discrimination claim was withdrawn. The respondent said the dismissal was for conduct after a reasonable investigation.

The tribunal found that the CCTV footage showed the pedestrian becoming visible before the point of impact and that the bus continued to accelerate until after the collision. It preferred the evidence of the respondent's witnesses, including the investigator, the disciplinary manager and the appeal manager, and accepted that the respondent had reasonable grounds to believe the claimant had been guilty of misconduct capable of amounting to gross misconduct.

The tribunal held that the investigation was reasonable even though the claimant was not interviewed in advance and no third-party witnesses were interviewed. It relied on the accident report completed by the claimant, the CCTV footage, and the opportunity given at the disciplinary hearing for the claimant and his union representatives to review the footage and comment on it. It also rejected the argument that the decision had been predetermined.

On sanction, the tribunal accepted that the claimant had long service and that the pedestrian's behaviour had been abusive, but concluded that dismissal was still within the band of reasonable responses given the safety responsibilities of bus drivers and the seriousness of the incident. The claim was therefore dismissed, and no monetary award was made.