A London bus driver was fired after acting chivalrously by leaving the cab and chasing a thief who had stolen a necklace from a passenger, and then restraining him «instinctively», a court heard.
Mark Hieher was driving bus number 206 between Wembley and Maida Vale when a man got on the bus and snatched a necklace from a woman's neck before fleeing.
However, Hieher, who had worked for «Metroline» for two years, chased the thief, retrieved the necklace, and returned it to the passenger.
Hieher acted in self-defense, striking the man once, knocking him unconscious, then dragging him onto the pavement and restraining him for about half an hour.
Despite both men being arrested, Hieher was later released and informed that no further action would be taken against him by the police.
However, the day after the incident, the bus driver was suspended from work and summoned to an investigation committee.
Subsequently, the thief returned and dealt «the first blow» to the driver, the court was told.
As the police defended in its report, «the complainant used proportionate and necessary force in those circumstances to defend himself and the passenger».
However, Alina Giourouk, director of operations who reviewed the disciplinary case, said she believed the man returned to the bus with a clear intention to apologize and shake the passenger's hand.
During a disciplinary hearing, he was charged with «damaging the company's reputation by physically assaulting one of the passengers» and «failing to protect his own and the passengers' safety by leaving the bus unattended with the engine running while pursuing the assailant».
During the hearing, Hieher said he «acted instinctively when he ran after the man», confirming he had left the bus doors open with the handbrake on.
He added: «When the man tried to shake the complainant's hand, she pushed him away instead of moving away herself, and the man was not aggressive until that moment».
Giourouk concluded that restraining the man for half an hour constitutes «excessive and disproportionate use of force», as the court heard.
In the end, the court upheld the decision to fire Hieher, ruling that «the genuine belief of disciplinary and appeal officials that the complainant had committed gross misconduct was based on reasonable grounds and fell within the range of reasonable responses available to the employer in these circumstances».
