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routeone > Legal > Harsh braking sacking ‘not unfair’
Legal

Harsh braking sacking ‘not unfair’

routeone Team
routeone Team
Published: May 8, 2017
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Harsh braking sacking ‘not unfair’

A driver lost a legal claim for unfair dismissal against after alleged harsh braking caused a passenger to be injured.

Paul Beswick was employed in January 2013 by First at Oldham.

Manchester Employment Tribunal heard that in May 2015, his bus collided with a stationary object and in October 2015, he was accused of braking harshly causing a passenger to fall from her seat and be injured.

Mr Beswick faced two allegations of gross misconduct: Failing to observe the firm’s safety rules and contravention of mobile phone policy. The phone allegation was later withdrawn.

First put Mr Beswick on a training run and an inspector said that driving standards had dropped in comparison to his initial performance in 2013 and he was later dismissed.

Mr Beswick complained he had taken part in a driving test which had been recorded as ‘excellent’.

The firm agreed that he had successfully completed a seven-hour training course, based on the Smith system, following the May incident and was advised to plan his braking earlier.

Mr Beswick said the exercise was a paper process and did not involve anyone observing him or talking to him about ‘green driving’.

Tribunal judge John Sherratt rejected Mr Beswick’s claim.

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