A Bristol bus driver who was dismissed after colleagues complained about a lingering odour from significant flatulence has lost her harassment and disability discrimination claim at a tribunal.
Stephanie Bryan was working for electric bus company The Big Lemon when she experienced bowel trouble mid-shift so significant that the smell lingered long after her shift ended, a tribunal heard.
Colleague's ordeal
Fellow driver Samantha Bingham took over after Ms Bryan's shift ended, finding the stench in the cockpit so strong she believed her colleague must have defecated. When Ms Bingham returned home after her shift the scent remained so strong her partner asked if she had defecated herself. Ms Bingham felt compelled to immediately wash her uniform and shower to scrub it off.
Ms Bingham later confronted Ms Bryan, who said in defence: "Everyone needs to fart." Ms Bryan was let go from her job with The Big Lemon following the incident and is now suing the company for disability discrimination and harassment.
Probation review
Ms Bryan reacted to the claims by Ms Bingham "negatively" and with "personal hostility" leaving her no choice but to inform her line manager of the situation, who in turn raised personal hygiene issues at Ms Bryan's probation review.
The dismissal tribunal heard: "The discussion included references to the ordinary consequences of consuming particular foods and was not directed towards bladder weakness." Ms Bryan argued her accident had occurred due to "bladder weakness", but the inquest found that the stench had no connection to her disabilities.
Tribunal ruling
The tribunal found that management had not been informed of Ms Bryan's diagnoses for depression, borderline personality disorder or bladder weakness, and therefore had no way to know that these may contribute to hygiene issues.
Judge Jonathan Walters said: "The odour was consistent with faecal matter potentially caused by significant flatulence which had led to soiling and was not associated with urine or urinary incontinence."
They added that Ms Bingham "was genuinely and reasonably concerned by the situation she found herself in and properly and reasonably raised these matters with the line manager".
The tribunal heard that the primary cause of Ms Bryan's dismissal was concerns around her driving rather than her poor hygiene, and the judge ruled that there had not been any discrimination or harassment.
The judge added: "The dismissal occurred because management genuinely and reasonably concluded that [Ms Bryan] had failed satisfactorily to complete her probationary period," adding her manager "did not know about the disabilities nor could he reasonably have been expected to know about them."
Daily Star has approached The Big Lemon for comment.
