Claimant v Metroline Limited
Outcome
Individual claims
The tribunal found that the respondent held a genuine belief that the claimant committed gross misconduct (bringing company into disrepute, physically assaulting a passenger, and breaching safety policies by leaving his bus to chase an assailant). The respondent had reasonable grounds for this belief based on CCTV footage and investigation. The investigation was fair and reasonable, and dismissal fell within the range of reasonable responses. The claimant argued he acted in self-defence and was supported by police conclusions, but the tribunal found the respondent's differing interpretation of the CCTV was reasonable and within the band of reasonable responses.
Facts
The claimant, a bus driver, witnessed a third party snatch a female passenger's necklace on 25 June 2024. He left his bus, chased the thief, and recovered the necklace. When the thief returned to the bus apparently to apologise, a physical altercation occurred in which the claimant punched the third party unconscious and restrained him on the pavement for approximately 30 minutes until police arrived. The claimant was arrested but police took no further action, finding he acted in proportionate self-defence. The respondent dismissed the claimant for gross misconduct on three grounds: bringing the company into disrepute, physically assaulting a passenger, and breaching safety policies by leaving his bus unattended.
Decision
The tribunal dismissed the unfair dismissal claim. It found that the respondent held a genuine belief in the claimant's gross misconduct on reasonable grounds following a reasonable investigation. Although the police concluded the claimant acted in self-defence, the tribunal held that the respondent's different interpretation of the CCTV evidence was reasonable and that dismissal fell within the range of reasonable responses, even considering the claimant's good intentions and clean disciplinary record.
Practical note
An employer may reasonably reach different conclusions from the police on the same CCTV evidence, and dismissal for gross misconduct can be fair even where criminal proceedings result in no further action, provided the employer's belief and investigation meet the Burchell test.
Legal authorities cited
Statutes
Case details
- Case number
- 6018181/2024
- Decision date
- 1 December 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Bus driver
- Service
- 2 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister