A bus driver who went through red traffic lights has won a legal claim for unfair dismissal, but claims for age and race discrimination were rejected by Birmingham Employment Tribunal.
Abdul Jabbar, 60, of Dudley, was sacked for gross misconduct after an unblemished 37-year-record with National Express West Midlands (NEWM).
Tribunal judge Glyn Lloyd says that Mr Jabbar, of Pakistani origin, has won part of his legal claims, opposed by NEWM which also denied the race and age discrimination allegations.
The tribunal heard that Mr Jabbar was taking another driver to work on a single-decker when he drove across red lights in King Street, Dudley.
There was no collision but Mr Jabbar complained he was unfairly dismissed after pointing out that other drivers who had made errors, did not lose their jobs.
He complained he was “singled out” because of his race and accused NEWM of “concealing the true discriminatory reason for his dismissal.”
He alleges that as a long-standing employee he was a member of the final salary scheme – closed to new entrants in the early 1990s – and because the scheme is expensive for NEWM, he was dismissed so he could be replaced by a less costly employee.
Judge Lloyd said there had been a five-second momentary lapse of concentration: “We find that the claimant is a man who, because of his culture and upbringing, does not engage to his best advantage with a formal process.”
“English is not his first language and he was unfamiliar with the formality of an investigative or disciplinary process.
“Due account had not be taken of those obstacles for him in the investigative and disciplinary process. We do not find race or age discrimination per se, but we conclude it amounted to an unfairness on the assessment of how he should be disciplined for the error he admitted.
“Dismissal was outside the range of reasonable responses.”
The value of the compensation award will be made at a later hearing.
