Metroline, West of London, has successfully defended allegations by a Sikh driver that a colleague racially abused him and caused him to resign after nine years of service.
Bus driver Parbhjot Singh was told at Watford Employment Tribunal that his legal claim for the unlawful deduction of sick pay by the operator had been successful.
Mr Singh, who was based at the Greenford depot with a previously good record, made legal claims against his former employer for constructive unfair dismissal, disability and religious discrimination and the unlawful deduction of wages.
The wages claim involved the non-payment of sick pay.
The Tribunal was told that following a road traffic accident involving Mr Singh, he accused a colleague of driving three times around a traffic island while making gestures towards him.
Mr Singh later alleged he was expected to drive a bus for eight hours while suffering from stress. He also alleged the colleague later racially abused him following an altercation by threatening to pull his beard and knocking his turban to the floor.
He further accused the colleague of sending non-vegetarian food to his house, which he said was an insult to his family.
The colleague denied the allegations.
Following a full investigation into the situation by the firm, however, the colleague was transferred to another depot.
Another allegation made by Mr Singh was that one of his bosses spoke about his disciplinary hearing in front of other drivers causing him embarrassment and that a boss had pointed fingers towards his face during a hearing.
He also accused his boss of being aggressive and complained there had been a breakdown in trust and confidence.
The Tribunal was told that Mr Singh’s capability was discussed during an interview with the management and he later resigned – prompting his legal claim for constructive unfair dismissal.
Metroline denied all the allegations.
Tribunal Judge Henry rejected the claims for constructive unfair dismissal and disability and religious discrimination but agreed Mr Singh was owed sick pay. A decision about the pay is to be decided at a later hearing.
