Dismissed for leaving a train

Case 2: The facts

James Kelly was a train driver for Connex South East. On arrival at his destination there was no relief driver to take over from him. He locked the train up and went to report the fact that it was unattended. Kelly was dismissed for breaching a rule that the train should never be left unattended.

The ruling

The EAT held that the tribunal ruling that Connex had acted unreasonably in treating his conduct as a reason for dismissal should stand. Even though a different tribunal might have come to a different decision on the facts, the tribunal decision was not perverse.

Connex SE v Kelly EAT/0607/03