London bus driver sacked after ‘using vehicle as weapon against cyclist’ loses appeal
Samir William allegedly became enraged because he felt male cyclist delayed bus’s journey
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Your support makes all the difference.A bus driver was sacked following a road rage incident in which he angrily used his vehicle “as a weapon” against a cyclist, an employment tribunal heard.
Samir William allegedly became enraged because he felt the male cyclist had delayed the bus’s journey by pedalling in front of it.
To get past Mr William swerved his bus onto the other side of the road, causing oncoming traffic to brake or steer out of the way, and then “retaliated’ by pulling in front of the cyclist and stopping.
As a result, the shocked cyclist had to leap out of the way and onto the kerb, the tribunal heard.
Shortly afterwards the man caught up with the bus and kicked the doors before “remonstrating with [Mr William] through the driver’s window”.
Witnesses, including the landlord of a nearby pub, came forward and Mr William then reported the incident in London to bosses at London General Transport Services Ltd.
After they analysed video footage from the bus’s 13 onboard cameras they suspended Mr William, who worked at the firm’s Putney garage.
The tribunal heard: “The footage showed that [Mr William] overtook a cyclist by going into the opposite lane, which caused vehicles travelling the other way to break or change direction to avoid the on-coming bus.
“[Mr William] then deliberately stopped the bus at the kerb blocking the cyclist, who was forced to jump onto the kerb to avoid it. [Mr William] then drove away.
“The cyclist then caught up with the bus. On the second occasion the cyclist caught up, he kicked the bus including the bus doors which bowed alarmingly.
“The cyclist also hit the window next to the driver and appeared to be remonstrating aggressively with the [Mr William]. He then cycled off.”
The tribunal also heard that footage on that day - June 23 2001 - showed he had driven at 28mph in a 20mph zone.
In addition, the company was contacted by Transport for London after a member of the public complained that Mr William’s driving during the incident was ‘atrocious and dreadful’.
As a result Mr William was summoned to a disciplinary hearing with the Garage General Manager, named in court documents as Mr S Patel.
The hearing was told: “Mr Patel concluded that [Mr William] had been reckless. He had used his bus as a weapon to retaliate against the cyclist, who he felt was delaying him.
“Mr Patel concluded that [Mr William] did not understand that his actions were dangerous and accordingly, training would have no effect and there was no alternative to dismissal.”
After he was sacked, Mr William launched an appeal and when this failed he began a legal case against London General Transport Services.
He brought his case to the employment tribunal, claiming unfair dismissal and wrongful dismissal, saying he should have been given notice pay. The London South tribunal rejected all Mr William’s claims.
Employment Judge Juliette Nash concluded that he had been fairly dismissed and the cyclist had not provoked Mr William’s actions.
Judge Nash said: “He had originally been cycling in the cycle lane on the left and then moved to the middle of the lane when the cycle lane had ended.
“Whilst this had the effect of slowing down the bus, it was not inappropriate on the cyclist’s part.
“There was no audio on the footage, and it was possible that the cyclist had shouted at the claimant to stop driving so close behind him.
“However, such behaviour is far from unusual on London roads and does not, in the view of the tribunal, constitute material provocation, particularly to a professional driver of a large and potentially dangerous vehicle.”
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