A National Express West Midlands (NEWM) bus driver with an excellent record over 14 years, who was sacked after allegedly failing an alcohol test shortly before driving, has lost a claim for unfair dismissal.
Birmingham Employment Tribunal heard that Chandrakant Rana of Perry Barr, Birmingham, claimed that NEWM failed to carry out a full investigation.
“The respondents even failed to interview to Mr Rana’s supervisor and the correct disciplinary procedure was not carried out,” said Simon Newman for Mr Rana.
NEWM objected to the full hearing going ahead saying that Mr Rana had exceeded the amount of alcohol when given a test shortly before driving his bus.
“National Express has a strict policy over drugs and alcohol in the interests of health and safety for passengers,” the tribunal heard.
For NEWM Ross Hutchinson said the claim should be struck out because it had been registered beyond the tribunal’s three-month deadline – a ruling the tribunal normally only lifts in exceptional circumstances.
Tribunal judge Mary Cocks ruled that the case cannot go ahead and confirmed that Mr Rana has lost his claim for unfair dismissal.
Mr Rana is now driving for NEWM rival Diamond Bus.