Metroline Wins Appeal: Bus Driver's Unfair Dismissal Ruling Overturned
Metroline Travel Ltd successfully appealed an unfair dismissal ruling concerning a bus driver involved in a physical altercation. The Employment Appeal Tribunal cited errors in the original tribunal's assessment.
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Metroline's Unfair Dismissal Victory
Metroline Travel Ltd has won its appeal against an Employment Tribunal (ET) decision that had ruled in favour of Mr. Justin Taylor, a bus driver, in an unfair dismissal claim. The Employment Appeal Tribunal (EAT) found that the original ET had made several errors in its evaluation of the case, notably by substituting its own judgement for that of the employer and failing to properly consider the 'range of reasonable responses' test.
Background of the Case
Mr. Taylor was dismissed following a physical altercation with another bus driver over a parking space at a bus depot. Metroline summarily dismissed him following a complaint from the other company. The ET initially ruled the dismissal unfair, a decision Metroline challenged.
Key Points of the Appeal
Judge Keith, presiding over the EAT, highlighted critical flaws in the original ET's reasoning. The EAT determined that the ET failed to appropriately assess whether Metroline's investigation and decision-making process fell within the reasonable range of responses an employer could take in such circumstances. Specifically, the EAT noted the following:
- The ET didn't appropriately decide whether Metroline's decision not to gather additional evidence, such as statements from other parties involved, was a reasonable course of action.
- The ET failed to assess the appeal panel's discretion in choosing not to refer new evidence back to the original dismissing manager.
- The ET substituted its own assessment of the incident and the severity of the driver’s actions for that of Metroline.
Inconsistent Treatment Argument
The EAT also addressed the ET's assessment of a comparable case cited by Mr. Taylor. The EAT found that the ET erred by substituting its own view on whether the cases were genuinely analogous, instead of assessing whether Metroline's decision to distinguish them fell within the reasonable range of responses.
Outcome
The EAT concluded that the original ET's judgement was fundamentally flawed and remitted the case for a fresh hearing before a different Employment Judge, subject to the Regional Employment Judge's views. The claim of automatically unfair dismissal had been previously dismissed and was not subject to appeal.
Read the entire judgement here: Metroline Travel Ltd v Mr Justin Taylor [2025] EAT 4
