Tribunal supports the fair dismissal of bus driver after violent incident

An employment tribunal has upheld the dismissal of a bus driver who was dismissed after confronting a suspected thief while on duty, despite police later deciding he would face no criminal charges.

The incident took place on a London bus when a man stole a necklace from a female passenger as the vehicle stopped. The driver left his cab and chased after the man, later recovering the necklace and returning it to the passenger. The situation then escalated when the man followed the driver back towards the bus.

Believing there was an immediate threat, the driver struck the man, knocking him unconscious. He then restrained him on the pavement until police arrived roughly half an hour later.

The bus operator suspended the driver and launched an internal investigation. After reviewing CCTV footage, the company concluded that the force used was unnecessary, that the driver had escalated the situation, and that leaving the bus unattended posed a safety risk to passengers. He was dismissed without notice for gross misconduct.

The driver challenged the decision, arguing that he had acted instinctively, in self-defence, and to protect others. He also relied on the fact that police later decided not to pursue criminal action, concluding that the force used was proportionate in the circumstances.

However, the tribunal sided with the employer. It stressed that its role was not to decide whether the driver’s actions were justified in a criminal sense, but whether the employer acted reasonably in treating the conduct as a disciplinary matter.

The tribunal found that managers genuinely believed the driver had committed misconduct and that this belief was based on reasonable grounds, including their interpretation of CCTV evidence. It accepted that the employer was entitled to reach its own conclusions, even where those differed from the police assessment.

The tribunal also agreed that restraining the man for an extended period could reasonably be viewed as excessive, that leaving the bus unattended was a serious safety breach, and that the incident was capable of damaging the company’s reputation, even without media coverage.

Ultimately, the tribunal concluded that the investigation was fair, the disciplinary process reasonable, and the decision to dismiss without notice fell within the range of responses open to a reasonable employer.

The case is a reminder that criminal law and workplace discipline operate on different standards. Even where an employee avoids prosecution, an employer may still be entitled to take a much stricter view of conduct, particularly where violence, safety procedures, and reputational risk are involved. Should you require support to manage a disciplinary matter contact 121 HR Solutions on 0800 9995 121.

Tribunal supports the fair dismissal of bus driver after violent incident

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