A bus driver who was sacked after making whistle blowing and health and safety allegations against his employers has been told he can go ahead with legal claims – including one for unfair dismissal.
However, not all of Garcia Castano’s other claims were accepted by London South Employment Tribunal Judge Frances Spencer.
Mr Castano originally made claims involving health and safety and whistle blowing allegations, breach of contract, race discrimination and unfair dismissal against London General Transport Services at a preliminary Tribunal hearing.
But Ms Spencer said she had first to decide whether Mr Castano’s claims could go ahead in their presented form and was told some claims had been withdrawn.
Since he had been employed for less than two years, Mr Castano’s claim for unfair dismissal could go ahead only on a revised technicality she said – under his allegations of health and safety or his whistle blowing claims.
He could also go ahead with a revised alleged legal claim of detriment.
The firm said Mr Castano had been dismissed for conduct and that it had previously applied to have his whistle blowing allegation struck out on the grounds that the claim had little or no prospects of success.
The Tribunal was told, however, that the “strike out” application had been withdrawn but that the firm would still oppose the rest of Mr Castano’s legal claims.
Mr Castano had been based at the operator’s Puntney Garage.
Details about the whistle blowing and health and safety allegations were not revealed at the hearing, but Ms Spencer disputed a claim over whether Mr Gastano was his “own health and safety representative.”
London General Transport Services said Mr Castano had not been designated as a health and safety representative because the Putney garage had its own health and safety official.
John Neckles, a trade union official representing Mr Castano, claimed, however, that bus drivers were health and safety representatives “on their routes” and not at their garages because they were required to carry out health and safety checks for mechanical defects.
“A bus driver can refuse to take out a bus if he considers it is not safe,” said Mr Neckles.
Ms Spencer said a full Tribunal hearing would be held at a later date into Mr Castano’s legal claims.
