Claimant v Cardiff City Transport Services Limited

Outcome

Facts

The claimant, a bus driver with 7 years' service and a clean disciplinary record, was dismissed for gross misconduct after using his mobile phone for 36 seconds whilst standing in the saloon area of his stationary bus with the engine running, waiting in a queue to refuel at the depot after finishing his shift. He was checking for messages from his disabled wife. The respondent alleged he breached health and safety rules, the Highway Code, and Traffic Commissioner guidance prohibiting mobile phone use whilst 'operating' a vehicle. The claimant maintained he had not been driving and believed the prohibition only applied to phone use whilst actually driving or in the cab.

Decision

The tribunal found the dismissal unfair. The employer lacked reasonable grounds for believing the claimant had breached any internal or external rules, as the prohibitions clearly applied to using phones whilst driving, not whilst stationary outside the cab. The investigation was inadequate, failing to verify the actual content of the rules allegedly breached despite being challenged on this point. The decision to dismiss fell outside the band of reasonable responses. The claimant was awarded a basic award of £5,876 plus £500 for loss of statutory rights, uplifted by 15% for failure to follow the ACAS Code.

Practical note

Award breakdown

Adjustments

Legal authorities cited