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North-east bus driver claims unfair dismissal after being sacked for swearing row

Lee Cox represented himself at the employment tribunal against Stagecoach Bluebird.
Lee Cox represented himself at the employment tribunal against Stagecoach Bluebird.

A north-east bus driver has taken his former employer to a tribunal for unfair dismissal.

Lee Cox was sacked by Stagecoach Bluebird last June after he swore and stuck up his middle finger during a row with a colleague.

A tribunal heard yesterday that Mr Cox, from Methlick, had spent a night in hospital and was “frustrated” that bosses would not accept verbal confirmation from his doctor – rather than a signed letter – that he was fit to drive.

The bus driver told the hearing in Aberdeen: “I was in hospital all night and hadn’t slept.

“I did swear but it was out of frustration.”

The tribunal heard it was the third time he had been disciplined in almost as many months, but Mr Cox insisted yesterday that swearing was commonplace for his industry and that his behaviour was being “blown out of proportion” amid efforts by bosses to find ways to get rid of him.

The bus operator’s solicitor Stephen McLaren told the tribunal the driver’s first writing up had been for a “very similar” incident.

Mr Cox, who represented himself, said that it was sparked by harassment from a “well-known junkie slash beggar” in front of a senior staff member who had the opportunity to intervene but did not.

Referencing the argument which led to Mr Cox’s dismissal in June, Mr McLaren said: “It was quite clear there had been an act of misconduct.

“That had been confirmed by Mr Cox’s trade union representative.”

The driver claims that Stagecoach policy dictates that, if an employee is issued with a summary dismissal, they are also entitled to an “investigatory interview”.

However Mr McLaren said this was a matter open to interpretation and that the disciplinary meeting he had attended had served both purposes.

He added that the bus operator had followed all of the guidance issued by employment law adviser Acas during the process.

Mr Cox, who is now driving buses through a recruitment agency, said he had never received any complaints from customers during his time with the company.

He asked: “Does this really warrant ruining my career over something that happens on a daily basis in this industry?”

Employment judge Sandy Kemp is now considering a verdict. He is expected to issue a written decision to both parties next week.