A MAN who lost his job as a trainee train driver with Transport for Wales (TfW) has failed in a claim of unfair dismissal at an employment tribunal.

Ian Birtles began working for TfW in February 2021, but was dismissed in October 2023 having twice failed an assessment.

The tribunal heard that, by July 2022, Mr Birtles’ performance was not improving as expected, and following an incident in which he approached a railway station at 20mph rather than 15mph, he was invited for a training review.

At this review meeting, on August 5, 2022, an action plan was created, and Mr Birtles was given a three-week period to improve.

But before these three weeks had passed, Mr Birtles took sick leave due to high blood pressure, and upon his return to work there was no procedure followed, and he was given a new driving instructor.

Following a failed assessment in February 2023, though, the decision was made to dismiss Mr Birtles, which he subsequently appealed.

This appeal was upheld a month later, and Mr Birtles was allowed to resume his role under a new driving instructor, Paul Williams.

In a report of Mr Birtles’ driving at the end of April 2023, Mr Williams commented that he had “missed/failed to react to a whistle board at Gaerwen, shortly after telling me that you had missed one in the area upon two occasions previously”.

He added: “I had to tell you three times before you reacted and sounded the horn.”

The following week, Mr Williams compiled another report of Mr Birtles’ driving, in which he wrote: “You coped well upon receiving the emergency call at Prestatyn, reacting in the appropriate manner and liaising with the various signallers involved.”

A week later, he wrote: “Unfortunately, you appear to have struggled again at times with focus and concentration, as evident when confusing line speeds, and forgetting the train was four-car upon approach to Abergele and Pensarn.”

Mr Birtles was re-assessed later in May 2023, after which he was told by Anthony Smith, team manager, that he was “not competent” as he would “panic and show a lack of focus and situational awareness”.

In July, Mr Birtles was informed by letter that he had not demonstrated the standards required of a train driver, and that the decision had been taken to dismiss him, but to give him the opportunity to find alternative employment within TfW.

This decision was upheld following appeal, and Mr Birtles’ employment with TfW was terminated on October 1, 2023.

Mr Birtles’ claim of unfair dismissal stemmed from assertions including that TfW did not conduct a reasonable investigation into his perceived poor performance, and that he was treated differently to other trainee drivers.

But Employment Judge Porter concluded that there was “no satisfactory evidence” to support such claims, and that the reason for his dismissal was capability.

The judge added that it was the “honest and genuine belief” of Luke Doutch, area manager, that Mr Birtles had “failed to demonstrate the necessary skills and qualities to complete his training and to become a qualified train driver”.