Making a splash: Can a van driver be dismissed for soaking pedestrians?

 I regularly get asked: “how far does employment law go?” It seems an odd question to ask but I understand that most employers simply mean: “can you investigate nearly every type of poor behaviour” to which my answer is normally “yes!”

There has been a widely reported news story this week that largely explains my usual response. Namely, this concerns the story of a van driver who was immediately dismissed for driving through puddles and intentionally soaking pedestrians in Ottawa, Canada.

As with many situations involving professional drivers, the misconduct was caught via the dashcam of another vehicle. In this case, the vehicle in front had a ‘bootcam’ recording events behind the vehicle which recorded a 40 second clip of the van driver in question intentionally swerving into large puddles (which he could have easily and safely avoided) in order to soak three pedestrians in a row. As evidence goes, there is practically no other reasonable interpretation for the video (which remains available online). Naturally, the video was quickly viewed by nearly 1 million people and the matter was also referred to the Canadian Police. The employer concerned quickly announced that the individual had been dismissed and, in turn, the Police praised the employer for acting decisively and announced that they wouldn’t take any further action further to the loss of employment.

Now, obviously, the above-mentioned events occurred in Canada, so the real question is whether the same thing would happen over here, particularly given that employment law rights are viewed as being more favourable to employees on this side of the pond.

What are the likely implications of Brexit on UK Employment Law/HR practices?

Employers may not be aware that much of the current legislation in place to protect employee rights actually derives from the European Union – for example, working time regulations, rights of the employees on a business transfer (TUPE) and family leave rights to name but a few. Indeed some Politicians for the ‘Leave Campaign’ will no…

Justice Secretary Grayling to use EAT case as political challenge to EU law

Last October Joshua Rozenberg reported in The Guardian that a recent case concerning Moroccan workers in diplomatic missions in London resulted in failed claims for unfair dismissal, unpaid wages and breaches of the Working Time Regulations because the employers were able to claim state immunity. I commented about the case last November. It has now…