An employment tribunal has upheld the dismissal of a London bus driver who was fired for gross misconduct after physically confronting a man who stole a passenger’s necklace.
Mark Hehir’s appeal was rejected at a Watford tribunal, which ruled that Metroline’s decision to terminate his employment fell within the reasonable range of responses available to an employer in such circumstances.
The incident occurred on 25 June 2024 when Hehir was operating the 206 route between Wembley and Maida Vale. A man boarded the vehicle, pushed past a female passenger and snatched jewellery from her neck before fleeing the scene.
Hehir abandoned his vehicle to pursue the thief down the street, successfully recovering the stolen item and returning it to the victim. However, a physical confrontation ensued when the man returned to the bus.
The tribunal examined conflicting accounts of what happened next. Hehir maintained the thief threw the initial punch and that he responded in self-defence, striking the man once and rendering him unconscious. He then restrained the individual on the pavement for approximately 30 minutes until police arrived.
Detective Constable Waddington’s case review supported Hehir’s version, concluding he had used force that was “proportionate and necessary in the circumstances in the defence of himself and the female passenger”. Both men were arrested, though Hehir faced no criminal charges.
However, Metroline operations manager Alina Gioroc reached a different conclusion during disciplinary proceedings. She determined the thief had returned to the bus “with the clear intention to apologise and shake hands” and had not displayed aggression until Hehir pushed him away.
The company found Hehir’s restraint of the man for nearly half an hour constituted “excessive use of force and disproportionate” action. He also faced allegations of abandoning his bus with the engine running and doors open, thereby failing to protect passenger safety.
Hehir defended his actions as instinctive, noting he had engaged the handbrake and that members of the public viewed him as a hero. He stated the female passenger remained frightened when the man returned.
The tribunal concluded that both the disciplinary and appeal managers held a genuine belief in Hehir’s guilt of gross misconduct on reasonable grounds.
