Driver ‘showed violent and indecent behaviour towards member of the public’, company alleged
A London bus driver has lost his claim for unfair dismissal and race discrimination after being accused of ‘lunging’ at a cyclist following an incident.
Dexter Leander denied the allegations at an Ashford Employment Tribunal as he made legal claims of his own against London Central Bus Company, part of Go-Ahead London.
Tribunal Judge Wallis elected to make a decision at a later date. He has now found in the operator’s favour.
The Tribunal was told that Mr Leander joined the company in January 2006 and had been involved in 14 incidents since December 2012, one of which included an attack on him.
In another, passengers alleged that bus doors were closed on them. Mr Leander denied doning anything wrong.
The judge’s report says that the latest incident, leading to Mr Leander’s dismissal, occurred when a cyclist complained to the Police that he has been ‘boxed in’ by two buses – one of which was driven by Mr Leander.
“CCTV appeared to show the cyclist striking the bus with his hand as he rode past,” says the judge’s report. “Later, with the bus stationary and the claimant on foot, Mr Leander appeared to have lunged towards the cyclist.”
London Central Bus Company’s disciplinary procedure accused Mr Leander of “showing violent and indecent behaviour towards a member of the public.”
Mr Leander denied the allegation and countered that he had been bullied by managers. He alleged that there had been acute bias towards him because of his race.
Mr Leander further complained that the operator’s fact-finding hearing into the incident was not conducted fairly because a member of the panel laughed. He denied that he had done anything wrong and accused the cyclist of calling him a racist name.
The judge said that the Tribunal was satisfied that the fact-finding had been conducted in the proper manner. He added that the Tribunal’s conclusion was that the cyclist struck the bus and that later the claimant appeared to have waited for the cyclist and lunged towards him.
Judge Wallis dismissed both legal claims.
