Mr A Widdop v Keighley & District Travel Ltd — 2025

Mr Widdop was employed by Keighley & District Travel Ltd as a PCV bus driver from 28 June 2021. On 8 July 2022 he raised a grievance about parking at the Keighley depot, complaining about potholes, poor lighting and the need to walk from parked vehicles in the dark. The tribunal accepted that this disclosure was made in the public interest and concerned a health and safety issue, so it was a protected disclosure under s.43B ERA 1996.

The respondent later lost the Otley route tender and, from February 2023, the claimant and other drivers who stayed with the respondent moved onto a five-day rota. The claimant asked to join the waiting list for a four-day rota and remained on that list until his employment ended. The tribunal found no credible evidence that the rota change, or the alleged failure to update him, was done on the ground that he had made a protected disclosure. It also held there was no credible evidence that it was not reasonably practicable to bring the detriment claims in time, so the tribunal had no jurisdiction to hear them, although it went on to consider the merits.

The dismissal claim arose from an altercation on 11 October 2023 after the claimant's car had been locked in the depot compound. CCTV and the claimant's admissions showed that he pushed another employee and punched him twice in the face. After investigation, disciplinary hearing and appeals, the claimant was summarily dismissed for gross misconduct. The tribunal found the respondent genuinely believed he was guilty of misconduct, that belief was based on reasonable grounds after a reasonable investigation, and dismissal was within the band of reasonable responses.

The tribunal rejected the argument that the protected disclosure was the reason, or principal reason, for dismissal. It found the disclosure had no material influence on the dismissal decision, which was based on the misconduct finding. All claims were dismissed.