A Dundee bus driver was sacked after suggesting an Asian newsagent would welcome an extension to the city’s airport as it would allow his cousins to “come over with bombs”.
When the shop assistant raised the issue with him, Andrew Smith made another racially offensive remark later claiming it was no more than “banter”.
The owner of the Seagate Convenience Store, a relative of the assistant, complained to National Express Dundee about their employee’s comments.
Mr Smith, of Candle Lane, was then summoned to disciplinary proceedings.
He apologised and claimed he had been indulging in “banter”.
The company took a different view and sacked Mr Smith, prompting him to take the company to an employment tribunal, alleging unfair dismissal. However, the tribunal, in a judgment just issued, has rejected his case and ruled that dismissal was fair.
Mr Smith began driving buses for the company in 1988 and the tribunal was told that on November 8 last year, their customer services manager David Wilkinson was contacted by the shop’s owner to complain about one of their drivers.
The shop submitted its CCTV footage, which recorded a visit of a customer in the company’s uniform. The man was identified as Mr Smith.
In the first of two incidents on October 22, he had gone in when the assistant had been reading a newspaper article about plans for a development near Dundee Airport.
The assistant had said it would be good if the airport was to be extended and Mr Smith responded: “Why, so your cousins could come over with bombs?”
On November 8 Mr Smith returned and the assistant repeated his view about extending the airport. Mr Smith responded: “So that your guys can come over here.”
The assistant was angry and annoyed at Mr Smith’s comments and threatened to go to the police. National Express bosses were then informed.
Acting operations manager James Jaye regarded the remarks as serious and thought they had a racist connotation.
Mr Smith was called to a meeting at which he did not deny he had been in the shop which he visited every day, often engaging in “banter”.
The matter escalated to a disciplinary hearing, at which Mr Smith was told the assistant had found his comments offensive.
The driver did not deny making the statements, proffering letters of apology to the company and the shop assistant and said he had not knowingly caused offence.
However, the company took a serious view of his behaviour and sacked him for gross misconduct.
They considered he had made a discriminatory remark on the grounds of race and had brought the company into disrepute.
At an appeal, Mr Smith denied mentioning bombs and said his reference to “you guys coming over” meant an extension of Dundee Airport’s runway would make it easier for the assistant’s relations to visit.
Philip Smith, the company’s managing director, confirmed the decision to dismiss Mr Smith, whose behaviour he regarded as unacceptable and was a serious threat to the company’s reputation. The tribunal, chaired by judge Iain Atack, concluded the company were entitled to form the view Mr Smith had been guilty of the misconduct and had used the words alleged and caused offence.
The driver’s attitude towards the offensive statements caused the company to form the view they could not be sure he would behave in such a way again and his dismissal was fair.