A West Yorkshire bus company faces paying a former driver compensation after unfairly dismissing him.
Ian McIver made a legal claim for unfair dismissal against his former employer, Elland-based Yorkshire Tiger, at Leeds Employment Tribunal, and Tribunal Judge Dr Edward Morgan ruled in his favour.
The Tribunal was told that following alleged complaints, Mr McIver was dismissed and then re-instated. It was later alleged that there had been a collision between Mr McIver’s vehicle and the wing mirror of an ambulance and a further allegation that he had been aggressive towards paramedic personnel, which he denied.
An investigation was carried out and Mr McIver he wasn’t offensive – he carried on with his job. The Tribunal was told that a service user later exonerated Mr McIver from any form of wrongdoing.
However, he was later taken off his driving work and suspended. He said that the investigation had been neither fair nor impartial, and he was then offered “other duties” within the firm which he rejected.
The firm accused Mr McIver of misconduct and said he was eventually dismissed on the grounds of capability.
Dr Morgan said the Tribunal’s decision was that there had been “procedural failings” in the way Yorkshire Tiger dealt with the dismissal. He also said that Mr McIver had not been given advance notice of the real reason why his job was at risk and, as a result, his claim for unfair dismissal succeeds.
The compensation amount is yet to be decided, but Dr Morgan warned the amount would be reduced by 70%.
