Bus driver who was sacked after TripAdvisor review wins unfair dismissal claim
A bus driver who was sacked after TripAdvisor review wins unfair dismissal claim and is awarded more than £2,600 in compensation.
David Marshall, who worked for Edinburgh-based travel company Rabbie’s Trail Burners, lost his job following a three-day trip to Skye in January 2011.
He had been scheduled to take his party to Eilean Donan Castle, Ross-shire, but the castle was closed and Mr Marshall made the decision to stop off in Inverness instead.
After the trip one of the passengers posted a negative review on the TripAdvisor website claiming that a number of the tour party were unhappy about the change.
A manager at Rabbie’s Trail Burners read the review and confronted Mr Marshall.
After a separate trip in January, Mr Marshall was also accused of ‘wrongdoing’ for parking in a lay-by and meeting a female friend after dropping off passengers.
Mr Marshall told management he regularly used the lay-by as a rest stop and that no wrong-doing had taken place.
Managers at the firm investigated the incidents and in February, he was sacked for gross misconduct.
He remained adamant that he had only gone to Inverness on the agreement of every passenger and denied any claims that he had done anything wrong by parking in the lay-by.
Yesterday, the panel found in Mr Marshall’s favour and awarded him £2,662 in compensation.
In summing up the judgement, employment judge Rosie Sorrell said: ‘The tribunal found the claimant to be a credible witness who was consistent in the material aspects of his evidence and who was clearly distressed at the events which led up to his dismissal.’
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