Whistleblower bus driver claims a cover-up over Covid breakouts
METROLINE EMPLOYEE SAYS HE LOST JOB AFTER SPEAKING OUT
A LONDON bus driver who was dismissed in February 2021 has raised more than £13,000 in crowdfunding in a bid to get his job back, after an alleged cover-up of Covid outbreaks at bus garages across London.
David O’Sullivan, who worked for bus operator Metroline for six years prior to dismissal, says that not enough was done by bus operators, authorities and unions to protect bus drivers at the height of the pandemic.
In January, he told his colleagues at Cricklewood bus garage that they could invoke Section 44 of the Employment Rights Act (1996) to demand extra PPE and withhold labour following the deaths of two colleagues at the garage.
His former employer, Metroline, says that Mr O’Sullivan’s actions brought the company into disrepute and were based on factual errors, which caused unnecessary panic to colleagues at a difficult time.
The company and Mr O’Sullivan are set to go to an employment tribunal hearing on November 24, in what is being seen as a test case for Covid whistleblowing in the transport sector.
Until 2021, Mr O’Sullivan had a clean employee record at Metroline and drove the route 16 between Cricklewood and Victoria. In 2020, he says he became concerned about the lack of protection being provided to bus drivers to protect them from Covid-19 infection.
He said: “Bus drivers had to take steps to protect themselves – putting cling film over the holes in the guard [driver’s cab], removing the front seats so passengers couldn’t sit next to them, opening the middle and rear doors, and they were disciplined for doing so.
“When drivers died we weren’t informed by TfL or bus companies, it was all through social media.
“It was uproar. There was no information being given by Unite [the bus drivers’ union] or the company [Metroline]. On my own, I found out there was a cluster of 12 drivers who had Covid at my garage alone.
“It was so unacceptable, I took the decision to inform workers of their rights under Employment Rights Act Section 44. I was informing drivers of what their rights were so we could all keep safe[...] This is not an industrial rights issue. This is not a trade union issue[...] It’s not just about me. This is a test case to stand up for the tragic case of bus workers.”
Mr O’Sullivan claims that Metroline
has the highest number of Covid-related deaths among London bus operators, despite only having the third largest fleet size.
Official figures show that 52 London bus drivers died between March 2020 and March 2021 due to Covid19, 15 of whom worked for Metroline, at least a third more than at every other TfL bus operator.
A Freedom of Information request has subsequently revealed there were 46 drivers with Covid at Cricklewood garage, more than the 12 first identified.
Earlier this year, this paper investigated the circumstances which have led to London bus drivers having a far higher death toll than similar service professions.
An inquest into the death of one bus driver, at a different garage and company in east London, concluded he may have contracted Covid at work.
Metroline, which is the dominant TfL bus operator in north-west London, says that Mr O’Sullivan started to hand out leaflets and spread information with inaccurate or incomplete facts taken out of context.
It held an investigation into his actions and decided to dismiss him for gross misconduct. It claims that Mr O’Sullivan was trying to stage a mass walkout.
A Metroline spokesperson said: “The reasons for Mr O’Sullivan’s dismissal were that he was bringing Metroline’s reputation into disrepute by spreading false and damaging information (including but by no means limited to inaccurate details about a deceased colleague and his family), causing people to fear unnecessarily for their safety and, in the dismissing officer’s reasonable view, planning to incite a mass walkout of staff.
“He had not previously taken any time off during the pandemic through fears for his own health and safety or that of others, nor had he raised such concerns with Metroline managers. He did not attend the outcome of his disciplinary hearing nor his appeal hearing.”
On March 4 at a preliminary tribunal hearing in Watford, Hertfordshire, an employment judge rejected Mr O’Sullivan’s claim for ‘interim relief,’ which would have maintained his pay and technical employment until a full tribunal hearing takes place.
Mr O’Sullivan hopes that his case will bring about systemic changes he believes are needed to make bus drivers feel safe, protected and valued, adding: “Bus drivers kept working throughout the pandemic. Who keeps London and the country running? It’s the key workers, like bus drivers, like doctors and nurses who get the bus to work in London.
“Yet bus drivers have got a last minute, minimal response to ensure safety. They’ve put profit over lives. My colleagues who died are daughters, sons, mothers and fathers whose deaths were preventable by simple, preventative measures.
“We need a full track and trace system at depots, transparent reporting of infection numbers, a reduction of working hours so that drivers can get fair breaks and take time to clean everything properly [...] TfL is not implementing this at all.
“This is why my case is important. Families are asking for inquiries, commissions and we’ve had nothing, so on the basis of principle I hope this acts as a test case to expose the whitewash.”
Tom Cunnington, TfL’s head of buses business development, said: “Coronavirus has had a devastating impact on our city and it is tragic that we have lost colleagues to this virus.
“Our thoughts remain with their family and friends.
“We continue to do everything humanly possible to protect our drivers during the pandemic, following Public Health England’s guidance at every step.
“Their initial guidance was that PPE in non-care settings could be counterproductive and was not recommended for transport workers, but the moment this guidance changed, we made sure all our staff had face coverings.”
Mr O’Sullivan estimates his legal fees will be £20,000 so needs around £7,000 more to reach his target.
He said: “The response so far has been amazing, I’ve had support from people in France, America, Canada, New Zealand and Germany. I just want to thank everybody who has donated even a minimum amount because it really makes a difference and we need it to do the right thing.”