In the case of Mr C K Aninkorah v Arriva London North Ltd a London bus driver has lost his claim against unfair dismissal at an employment tribunal held in Watford. CK Aninkorah was summarily dismissed by Arriva London North in May 2021 for gross misconduct after he was caught on CCTV on his mobile phone whilst driving one of their buses. He then brought a legal challenge against the bus operator on the grounds of racial discrimination, unfair dismissal and unlawful reductions – all of which were dismissed by the court.
Mr Aninkorah tried to claim overtime for his shift on April 10 2021 due to a late running bus, but when his then employer checked the bus log, there was no actual delay recorded on the journey. Arriva then decided to check the vehicle’s onboard CCTV to double check what had happened, and realised Mr Aninkorah was recorded using his smartphone in the driver’s cab whilst operating the vehicle.
He was then suspended with pay and asked to attend a disciplinary meeting a month later on May 13, 2021. He did not attend the meeting, which was held in his absence as he was in Germany, where he was sacked. He tried to appeal the decision unsuccessfully, explaining that he hadn’t actually made a call on his phone at the time.
Employment Judge Maxwell’s decision states that there was no unfair dismissal as “the prospect of dismissal was express” given how clear Arriva’s policy on using phones whilst driving is.
On the grounds of racial discrimination, it adds: “There is simply nothing here to support a conclusion that the decision to dismiss was direct race discrimination.” On the third issue surrounding unlawful deductions, the court found that when Mr Aninkorah was asked to return from furlough in 2020, he returned to work almost six weeks late as he was in Ghana, which is why his pay was withheld and that there was no reasonable prospect of recouping any of it.
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