Sacked bus driver wins un­fair dis­missal case

Birmingham Post - - NEWS -

A BUS driver sacked for run­ning a red light has won an un­fair dis­missal claim against his former bosses.

Ab­dul Jab­bar, 59, of Dud­ley, was sacked by Na­tional Ex­press West Mid­lands in Oc­to­ber 2015 af­ter CCTV footage cap­tured him run­ning the light in King Street, Dud­ley.

But he sued, claim­ing the dis­missal was over the top for one mis­take in an un­blem­ished ca­reer.

Now, af­ter a hear­ing be­fore an em­ploy­ment tri­bunal, Judge Glyn Lloyd has ruled the sack­ing “un­fair” and that Mr Jab­bar was en­ti­tled to com­pen­sa­tion.

“The claimant is a bus driver of ex­em­plary record,” said the judge in his rul­ing. “He has worked for the re­spon­dent with­out any dis­ci­plinary taint for some 37 years. He has been free of any ac­ci­dent or driv­ing penalty for some 32 years.

“What he did was – and we ac­cept it was – a five-sec­ond mo­men­tary lapse of con­cen­tra­tion on his part by a driver who sits in the cab fac­ing the un­pre­dictable en­vi­ron­ment of busy city roads eight to ten hours each day.

“Con­sid­er­ing the to­tal­ity of the ev­i­dence, we find that his sum­mary dis­missal in those cir­cum­stances was dis­pro­por­tion­ate.”

Mr Jab­bar claimed his sack­ing was an at­tempt by his em­ployer to get an ex­pen­sive older em­ployee off its books. Pak­istani-her­itage Mr Jab­bar also claimed a Bri­tish driver would not have been sacked.

He pointed to the case of a col­league who had also run a red light but got away with a fi­nal writ­ten warn­ing.

How­ever, de­spite rul­ing the sack­ing un­fair, Judge Lloyd said Mr Jab­bar’s age and race dis­crim­i­na­tion claims had not been proved.

The case will re­turn to the em­ploy­ment tri­bunal next month for an as­sess­ment of dam­ages, un­less an agree­ment can be reached out of court.

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