Bus driver loses unfair dismissal claim over crash

Angus woman was driving a double-decker to T in the Park when she jammed it under a bridge

An Angus bus driver who jammed a packed coach under a bridge has had her claim of unfair dismissal rejected.

Audrey Kempton, of Finavon Hill, near Forfar, appealed her sacking from Tayside Public Transport (TPT) on August 2 last year for gross misconduct.

She had been employed by the firm for 19 years before driving a bus to T in the Park with 30 passengers aboard into a bridge after deviating from a pre-planned route on July 10 last year.

Ms Kempton was carrying out contracted work for Citylink, driving passengers to the Strathallan-based music festival.

Ms Kempton, who had been trained to follow a predetermined route, was driving a double-decker bus.

After being directed away from Perth Bus Station because of heavy traffic, she took a wrong turn and deviated from the planned route – meaning that she came to a low bridge.

Ms Kempton stopped to survey the height of the bridge and decided to attempt to go under it.

An internal investigation was launched, which led to Ms Kempton being sacked by the travel firm on the grounds of gross misconduct because she had ignored warning signs and then put passengers at risk by deciding to try to negotiate the bridge instead of turning back to the bus station.

Agents acting on behalf of Ms Kempton argued that she had an unblemished driving record and that the punishment handed out was too severe.

The facts of the case were undisputed by both sides and employment judge Nicol Hosie dismissed the claim.

In his judgment, Mr Hosie said that after reviewing the case, he believed TPT had been justified in terminating Ms Kempton’s employment.

He said: “It was within the band of reasonable responses for the respondent to dismiss the claimant as the misconduct had potentially serious safety consequences.

“Although this was a ‘one-off’ mistake, it was reasonable for the respondent to take the view that it was a grossly negligent one.”