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iPad bus driver: Sacked for using device while driving at 60mph and loses unfair dismissal claim | |
(35 minutes later) | |
A bus driver who was sacked after using his iPad while driving a bus at 100kph (60mph) on a motorway in Ireland has lost his claim for unfair dismissal. | A bus driver who was sacked after using his iPad while driving a bus at 100kph (60mph) on a motorway in Ireland has lost his claim for unfair dismissal. |
Sean Purcell was recorded by CCTV cameras on an Aircoach taking his two hands off the steering wheel to take out his iPad on 22 July, 2013. | Sean Purcell was recorded by CCTV cameras on an Aircoach taking his two hands off the steering wheel to take out his iPad on 22 July, 2013. |
He took an unfair dismissal case to an Employment Appeals Tribunal after being fired. | He took an unfair dismissal case to an Employment Appeals Tribunal after being fired. |
The tribunal ruled Aircoach had acted reasonably at all times. | The tribunal ruled Aircoach had acted reasonably at all times. |
It heard that the empty bus was travelling at 100kmph (60mph) on the M50 at the time of the incident. | It heard that the empty bus was travelling at 100kmph (60mph) on the M50 at the time of the incident. |
The CCTV footage also revealed that on two or three occasions, Mr Purcell did not have either hand on the steering wheel. | The CCTV footage also revealed that on two or three occasions, Mr Purcell did not have either hand on the steering wheel. |
It showed Mr Purcell removing both hands from the steering wheel and steering the coach with his elbow while he activated the iPad. | It showed Mr Purcell removing both hands from the steering wheel and steering the coach with his elbow while he activated the iPad. |
He then drove the coach with only one hand on the steering wheel, while he held the iPad to his ear with the other hand. | He then drove the coach with only one hand on the steering wheel, while he held the iPad to his ear with the other hand. |
A motorist who saw Mr Purcell using the iPad while driving, contacted Aircoach to make a complaint. | A motorist who saw Mr Purcell using the iPad while driving, contacted Aircoach to make a complaint. |
A driver-trainer with Aircoach told the tribunal that Mr Purcell was not driving safely and that he was "horrified" after viewing the CCTV footage. | A driver-trainer with Aircoach told the tribunal that Mr Purcell was not driving safely and that he was "horrified" after viewing the CCTV footage. |
He then told the firm's operations manager. | He then told the firm's operations manager. |
The tribunal heard that Aircoach's operations manager, identified only as AK, viewed the CCTV footage of the incident "and became seriously concerned from a health and safety point of view". | The tribunal heard that Aircoach's operations manager, identified only as AK, viewed the CCTV footage of the incident "and became seriously concerned from a health and safety point of view". |
She said that Mr Purcell "had put both himself and others in danger". Mr Purcell was suspended on full pay on 24 July, 2013, pending an inquiry into the matter. | She said that Mr Purcell "had put both himself and others in danger". Mr Purcell was suspended on full pay on 24 July, 2013, pending an inquiry into the matter. |
'Acceptable' | 'Acceptable' |
At a meeting the following day, Mr Purcell said he was "listening to an audio radio on the iPad and that the coach radio was not working and there was wind coming from the door of the coach". | At a meeting the following day, Mr Purcell said he was "listening to an audio radio on the iPad and that the coach radio was not working and there was wind coming from the door of the coach". |
He said he "thought the company should have no issue as it was not a mobile phone he was using". | He said he "thought the company should have no issue as it was not a mobile phone he was using". |
The tribunal heard that at a follow-up meeting on 29 July, Mr Purcell "saw no serious breach of the safety policy in place and it was his view that it was acceptable to use an iPad when driving. He said he was fully in control of the vehicle he was driving." | The tribunal heard that at a follow-up meeting on 29 July, Mr Purcell "saw no serious breach of the safety policy in place and it was his view that it was acceptable to use an iPad when driving. He said he was fully in control of the vehicle he was driving." |
Mr Purcell appealed the decision to dismiss him but the firm's managing director, Allen Parker, later upheld the decision. | Mr Purcell appealed the decision to dismiss him but the firm's managing director, Allen Parker, later upheld the decision. |
He told the tribunal that it was apparent from the footage that "Mr Purcell was significantly distracted and not fully concentrating on the road in front of him, which constituted a serious breach of health and safety procedures and endangered other road users". | He told the tribunal that it was apparent from the footage that "Mr Purcell was significantly distracted and not fully concentrating on the road in front of him, which constituted a serious breach of health and safety procedures and endangered other road users". |
He said there had been a breakdown of trust and confidence in Mr Purcell. | He said there had been a breakdown of trust and confidence in Mr Purcell. |
In the tribunal's ruling, published on Tuesday, it dismissed Mr Purcell's claim for unfair dismissal and said Aircoach had acted reasonably at all times. | In the tribunal's ruling, published on Tuesday, it dismissed Mr Purcell's claim for unfair dismissal and said Aircoach had acted reasonably at all times. |
It said Mr Purcell's actions "constituted a serious safety risk". | It said Mr Purcell's actions "constituted a serious safety risk". |
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