A bus driver who was sacked for driving without his hands on the wheel has lost an unfair dismissal claim.
Scott Sinclair, of Thornbank Street, launched an action against Tayside Public Transport, which also trades as Xplore Dundee and National Express — a company he had worked for from 1999 until February this year.
Mr Sinclair was sacked after the company received a complaint from a member of the public who claimed to have seen him looking down while driving — as if he was on his phone – around 9am on January 16.
An internal investigation was launched and CCTV footage of the journey showed that he had not used a phone.
However, Xplore Dundee bosses said they had witnessed him with an electronic cigarette in his hand and driving using only his thumbs without his hands on the wheel, and sacked him.
Mr Sinclair was initially suspended before being sacked by the company, which said he had been guilty of gross misconduct by putting passengers at risk and breaching its policies on e-cigarettes.
An employment tribunal in Dundee heard evidence that, during internal disciplinary proceedings, Mr Sinclair admitted becoming “over-confident” in his driving and that he “should have known better”.
However, he maintained that the risk factor was low because the bus had not been driving at great speed or attempting to turn a corner – and that he had been unaware of the firm’s electronic cigarette policy.
It was also said that he had been trying to give up smoking and was using the electronic cigarette as a “crutch”.
Although it was accepted that Mr Sinclair had not used the device on the occasion in question, he had raised it to his mouth.
Representatives for Mr Sinclair wanted the sacking ruled as unfair due to the sanction being unreasonable and sought financial reimbursement on his behalf.
However, the claim was dismissed, with tribunal judge Muriel Robison ruling that the bus company had acted reasonably.
She said: “The dismissal was not unfair. The claim is therefore dismissed.”
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