Bus company forced to pay compensation to mum of disabled children after 'stressful' driver altercation

The Workplace Relations Commission building in Lansdowne House, Dublin.

A transport operator has been ordered to pay €5,000 compensation over the behaviour of one of its bus drivers to a woman who boarded a bus with children with disabilities.

The woman told a hearing of the Workplace Relations Commission (WRC) that the bus company had breached the Equal Status Act by treating her children in a discriminatory manner.

The firm did not dispute the complaint which was made by the woman to the WRC on her children’s behalf and said the driver’s behaviour was “totally unacceptable” and “highly regrettable.”

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The woman told the WRC that the incident occurred on July 26, 2023 when she was boarding a bus with her three children, two of whom have to be in a disabled buggy at all times when travelling because of their medical condition.

She explained that she had stood back in pouring rain to allow other passengers to get on board the bus first so that they would not take up extra space.

She gave evidence that she asked the driver “is it not OK to get on”, after he had given her “a dirty look”.

The woman recalled that she thought the driver was joking before realising he was serious when he replied: “Not really, no”.

When she asked what the problem was, she said the driver did not even scan the travel card she showed him as proof she was a carer.

She claimed he just kept shouting at her: “Get on if you’re going.”

The WRC heard that there was no issue as both the disabled space and space for buggies on the bus were free.

The woman said she had not travelled on public transport since the incident because of the driver’s attitude and behaviour which had caused her “stress, anxiety and embarrassment.”

A representative of the bus company offered an apology and expressed deep regret for the upset and embarrassment which the incident had caused her.

The WRC heard that the operator had written a letter to the woman following her complaint to state that such behaviour was certainly “not tolerated or condoned under any circumstances.”

It was also informed that the driver was identified and interviewed by local management over the incident.

The company said it was fully committed to being “the most customer centred and sustainable transport company in Ireland,” with “customer first” listed as one of the organisation’s key values.

The WRC heard that all staff are expected to provide the very best service to customers and to be considerate at all times of the needs of passengers, especially those with additional needs or access requirements.

The company accepted that the driver’s behaviour on the day was not in keeping with its ethos or the level of professionalism expected as a public service employee.

The WRC heard that the driver had left the company in September 2023.

The representative also apologised to the woman for a lack of communication over her complaint which it claimed was due to some administrative and sick leave issues.

However, the company expressed hope that its swift investigation of the incident demonstrated its commitment to customer service of the highest calibre.

The WRC heard that the company actively engages with accessibility organisations and customers to establish how it can best address the operational challenges that people with disabilities face when travelling by bus.

The company offered for its recently appointed Accessibility Manager to meet the woman and travel with her and her children on the bus at a time of her convenience so that it could better understand what it is doing right as well as understand what challenges need to be addressed.

It also invited her to participate with the Travel Assist Scheme that trains users with additional needs to travel independently on public transport services.

WRC adjudication officer, Marie Flynn, ruled that the company had breached the Equal Status Act by discriminating against the children on grounds of disability.

Ms Flynn ordered the bus company to pay the complainant €5,000 in compensation and also encouraged the woman to take up its offer of assistance and support.

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