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routeone > Legal > ‘Erratic driving and aggressive manner’ claim upheld
Legal

‘Erratic driving and aggressive manner’ claim upheld

routeone Team
routeone Team
Published: July 9, 2018
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A bus driver who was suspended and eventually resigned after passengers complained they were injured because of his alleged “erratic driving and aggressive manner,” has lost his claim for constructive unfair dismissal against Arriva North London.

Watford Employment Tribunal Judge Wyeth said that Mr Earle’s legal claim had not been well founded.

Alec Earle, who had 10 years experience with Arriva, alleged that he resigned because of Arriva’s unfair attitude.

He was involved in several incidents involving standing and seated passengers.

In the first incident some passengers, seated and standing, had been thrown to the floor. Mr Earle told his employer the incident occurred because of an oversized offside mirror, and he was given a caution.

In another incident a man hit his head against an internal mirror that smashed on impact. It was alleged that Mr Earle’s “erratic driving” caused the accident.

On another occasion Arriva received several complaints about an elderly lady falling to the floor while standing. Arriva accused Mr Earle of failing to ensure that she was secure.

He denied he had done anything wrong and complained he had not been fully trained in dealing with accidents.

Arriva alleged that the incidents took place because of a lapse of judgment.

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