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Bus driver wins right to fight job dismissal.

Byline: Peter Swingler Court Reporter newsdesk@birminghammail.co.uk

A FORMER Birmingham bus driver sacked after his doubledecker hit a pedestrian has won permission to challenge the decision.

Thomas Ferris, from Hall Green, was dismissed for gross misconduct when his bus, carrying 25 passengers, collided with the man in the city centre.

But now Mr Ferris has been allowed to proceed with a legal claim for unfair dismissal against West Midlands Travel Ltd/National Express.

A preliminary Birmingham Employment Tribunal hearing heard his bus "clipped" the man as he crossed he road "about four or five car lengths" in front of the vehicle.

The victim was said to have "walked out" from between two parked cars.

Christopher Adams, representing the travel firm, applied to the tribunal to strike out the claim because he alleged Mr Ferris had little of no prospects of winning his case.

"Mr Ferris had admitted he had made an error," alleged Mr Adams.

But Mr Ferris said he braked as soon as he realised the pedestrian was ahead and claimed he should not have been dismissed.

He accused his former employers of failing to carry out a thorough investigation of the situation. But Mr Ferris admitted he had only one witness to support his evidence. Tribunal judge Victoria Dean was told the respondents had been unable to contact the witness but the incident had been recorded on CCTV.

Pictures from the CCTV footage were shown to Miss Dean. Miss Dean rejected Mr Adams' application to strike out Mr Ferris' claim and told him he could go ahead with his case at a full tribunal hearing later this year.
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Publication:Birmingham Mail (England)
Date:Jan 23, 2014
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