Catholic bus driver awarded £80,000 after sectarian bullying

A Catholic bus driver has been awarded almost £80,000 (€117,000) compensation for religious discrimination after he was warned he would be shot if the Troubles started again.

Gerald Duffy, 42, from Ballymena, also had a Union Jack flag waved in his face during a five-year campaign of harassment which involved threatening telephone calls, damage to his car and unwanted deliveries to his home.

He was awarded £79,161(€116,000) by a fair employment tribunal after suffering stress and taking his case to the Equality Commission.

“My dreams were shattered from what happened, it will be hard to work for somebody else again,” he said.

The tribunal criticised shortcomings in Ulsterbus' investigation into the case, including a lack of official understanding for his concerns.

The litany of abuse at the Ballymena depot, which started in 1995, also included warnings that Mr Duffy could be burned out of the Protestant housing estate where he lived as well as criticism of his decision to wear a crucifix when he was driving a busload of bandsmen through a nationalist protest on the Ormeau Road in 1999.

The tribunal said it was satisfied Ulsterbus cleaner Stephen Neilly said: “They would get home safe by putting (Mr Duffy) in front where he could wear his crucifix.”

It accepted that Bobby Colvin, a Protestant fitter at the depot where the victim worked, said: “I wish the f**king Troubles would start again as you will be the first Fenian that will be shot.”

The comments were made in the summer of 1998, at a time of sectarian tension in Ballymena linked to the Drumcree stand-off.

The hearing also accepted that Darren Crawford had waved a Union Jack flag in the claimant’s face and shouted: “Up the f***ing Pope, you f***er”.

In December 1999 he was taunted about Sinn Féin education minister Martin McGuinness. The panel said he was told Catholics thought they were taking over everything now.

The allegations were denied by the accused. However after a lengthy hearing in 2004 they were upheld.

Mr Duffy said the bullying intensified after he made his initial complaint, to an Ulsterbus-employed doctor in December 2000.

He had been off with stress from the previous month but now works in a shop.

“I was in it to get a result, not for money, to prove that I was right,” he added. “I just wanted someone to believe me and I would like all employers, if someone comes with a complaint, to listen to them and take the proper procedures.

“It was horrible; I would not want anybody else to go through what I went through.”

He was awarded the money for financial loss, injury to feelings and personal injury.

Eileen Lavery, head of strategic enforcement at the Equality Commission, said: “This was a particularly nasty case because it went on for such a very long time and had severe consequences on Mr Duffy, his confidence and his mental health.

“We are pleased to use this case to show to other employers how not to react in circumstances such as this.”

The investigation by Ulsterbus was dubbed “dismissive and high-handed”, by the three industrial relations experts.

They said the failure to substantiate his claims was related to: “Their apparent lack of understanding and to do what was required to carry out such an investigation.”

A spokesman for Translink said they trained staff extensively to deal with harassment and took their responsibilities seriously.

“We are disappointed at the outcome of this case, which related to events up to 10 years ago.

“We note that the decision was not unanimous and we are examining it in detail as we consider whether there is a basis for an appeal.”