East Thames Buses v Davis - Dismissal for misconduct - assault or self defence?  EAT
Mr Davis was a bus driver. Some men racially abused him and attacked him, and he hit one back. The police did not press charges. East Thames Buses dismissed Mr Davis. They believed his story, but concluded that he assaulted the passenger rather than acting in self-defence. The Employment Tribunal held that once it was established that East Thames Buses believed Mr Davis's version of events, then they had no reasonable grounds to conclude that he assaulted the passenger. Self-defence was open to him. The dismissal was therefore unfair. East Thames Buses appealed.