Driver who tore roof off his bus in crash at Ninewells Hospital told he can claim for unfair dismissal
A Dundee bus driver sacked after he crashed into a footbridge at Ninewells Hospital and tore the roof off his vehicle has been told he can pursue a claim for unfair dismissal.
Bus shelters at Ninewells Hospital.
- By Grant Smith
- Published in the Courier : 14.07.11
- Published online : 14.07.11 @ 09.31am
James Reilly was at the wheel of National Express Dundee's No 17 bus when it collided with the bridge on a Saturday afternoon in November 2009. Nobody was hurt, but the main entrance to the hospital was closed for two hours.
After the company dismissed him, Mr Reilly tried to bring his case to an employment tribunal but was told at a pre-hearing review he had no reasonable prospect of success.
Mr Reilly appealed against this ruling as he wants to argue that the company's dismissal process was unfair and he was not wholly to blame for the crash because he had not been adequately advised of a change of route.
The appeal was heard by a judge, Lady Smith, at the Employment Appeal Tribunal in Edinburgh. She was not ruling on the merits of Mr Reilly's case, only whether or not it should have been thrown out without him having the chance to go to a full hearing.
Solicitor advocate Robert Hunter, for Mr Reilly, told her striking out a case was "a draconian power with devastating effects" which should be used only with restraint. He claimed his client was denied a fair hearing at which credibility and reliability of witnesses could be tested.
On the company's behalf, solicitor advocate Edward Nuttman said Mr Reilly could have led evidence at the pre-hearing review and his failure to do so meant he was the author of his own misfortune.
In her written judgment, Lady Smith said the employment judge in charge of the review "went too far, too fast" in concluding Mr Reilly's claim had no reasonable prospect of success.
She went on, "The employment judge has, in my view, paid no more than lip service to the principle that strike-out is a draconian measure and the hurdle to be overcome by an employer is a high one."
Lady Smith has decided a full hearing of Mr Reilly's claim will be heard by an employment tribunal at a date yet to be announced.
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