Bus driver sacked OMG

[MNW67]

Post it again. I missed it

#239

 

[motorbiking]

Yes. But it looks like the CCTV evidence is not clear cut. So, I suppose what the judge is saying is that the interpretation by the bus company is not a wholly unreasonable interpretation of what happened. And as long as they genuinely believe it, he had no power to overturn it. Presumably, in a civil court case, say for battery, the judge would have to decide on the balance of probabilities what actually happened. However, this is a tribunal and it looks like the rules are different

which is a bit odd. If we take that to the extreme someone conducting a disciplinary hearing could come to the honest belief that a crime had been committed and therefore lawfully dismiss someone for gross misconduct, only to find out that their understanding of the law was wrong.

either way - the HR team meed firing. they could have sacked him immediately, instead of suspending him and simply reverse the decision if they changed their mind.

 

[MNW67]

which is a bit odd. If we take that to the extreme someone conducting a disciplinary hearing could come to the honest belief that a crime had been committed and therefore lawfully dismiss someone for gross misconduct, only to find out that their understanding of the law was wrong.

I actually edited my post a bit.

I believe they need to show that their interpretation fell within a reasonable range of interpretations.

 

[Dec27]

This threads getting pathetic. It’s just another pi55ing contest.

The Driver did the right thing. End of imho.

 

[Highway Man]

This threads getting pathetic. It’s just another pi55ing contest.

The Driver did the right thing. End of imho.

Anything that nosenowt, odds and the rest of the loonies jump on, this is how they go.

 

[Dec27]

Anything that nosenowt, odds and the rest of the loonies jump on, this is how they go.

Losers the lot of em.

 

[morqthana]

Yes. But it looks like the CCTV evidence is not clear cut. So, I suppose what the judge is saying is that the interpretation by the bus company fell within the range of reasonable interpretations of what happened. And as long as they genuinely believe that interpretation, he had no power to overturn it. Presumably, in a civil court case, say for battery, the judge would have to decide on the balance of probabilities what actually happened. However, this is a tribunal and it looks like the rules are different

AFAICT, the role of the tribunal was not to re-examine all of the evidence or re-litigate the decision, it was to see if the employer acted fairly, and that if the tribunal finds that they did, if it finds that they followed their procedures, including internal reviews and appeals, if they properly scrutinised all of the evidence, listened to the employee's version, and came to a determination which they could convincingly argue was reasonable, then the employer's decision stands - the employee was not unfairly dismissed.

The judge's role was not to decide on the balance of probabilities what actually happened, it was to decide if the disciplinary process was fair, and fairly implemented.

Remember something doesn't have to be unlawful for it to be against the terms of your employment. It's not unlawful to have more than one job, but many employers will sack you if they find you have another one, even without any conflict of interest.

Provided you don't cross the line into hate speech or a public order offence etc, it's not unlawful to express racist/Islamophobic/homophobic/whatever-phobic, even antisemitic, views, or to mock the disabled, or tell misogynistic jokes, and so on. But do it wearing a company uniform and they could well say, with justification, that you were bringing the company into disrepute. Post it on a company social media channel ditto.

It wouldn't be unlawful for me to hang a girlie calendar in the shed (although Mrs M would have a few choice words to say), but on an office wall? Could well be a disciplinary matter.

 

[morqthana]

What is interesting is that the tribunal allowed the incorrect opinion of the disciplinary board to stand.

In what way was it "incorrect"?

 

[morqthana]

Yes - that feels somehow wrong to me. You?

It's what the law is, surely?

 

[morqthana]

Just go backwards from this post.

No - you do that and prove the truth of your allegation.

Oh - except you can't, can you, because your allegation is untrue.

Back that way.

Do you drive a moped?

Is that when you dont talk boIIocks?

Just as I predicted.

 

[morqthana]

Seen plenty of bus drivers going for a pee and leaving the bus unattended

In a bus station, or out on the roads?

 

[Elsa TLC]

In a bus station, or out on the roads?

In a bush