A west London university student has started a campaign calling for changes to Transport for London (TfL)’s gross misconduct contract legislature.
Angelina Gerasik, 43, from Ealing, has started her own campaign calling for a change in all transport operator contracts after Mark Hehir, a former London bus driver, was sacked for gross misconduct in 2024 after punching a thief unconscious.
The change is dubbed the “Good Samaritan” clause and will look to law enforcement to decide if a bystander’s intervention in a conflict or crime is proportionate, necessary and done in good faith – as police officers decided in Hehir’s case.
“I can’t see people suffering. I’ll be the first to help and do what is right – it’s who I am,” Gerasik said, when asked why she started the petition.
Gerasik studies law and proposed that the change should be added to the Employment Rights Act 1996.
A similar experience happened to Gerasik over a decade ago when she exposed her colleague stealing at her old workplace, breaking the company’s internal policy. Her colleague was later suspended and died by suicide.
She said she felt as if a ghost was following her but was “lucky” to have had a boss who supported her through that difficult time. That experience was a big reason for why she started the petition, and in a few weeks it stood at over 300 signatures.
Hehir was driving the 206 bus when a man stole a woman’s necklace. Hehir then pulled into a bus stop to run after the man to retrieve it.
After a short scuffle, Hehir punched the thief in the face, knocking him unconscious before waiting for the police to arrive.
In light of the incident he was sacked by Metroline, a private transport company, for gross misconduct.
Gerasik’s petition received cross-party support from politicians in the Assembly, which she said made her feel very proud of herself.
She said: “I felt like I won the gold medal. It doesn’t happen very often.”
Reform councillor Keith Prince AM said: “There’s been a massive injustice here. These people deserve to be protected because they’re just doing their job.”
He added there needs to be lenience in regulations to allow for split-second decisions to be made in moments of danger.
The petition backers claimed that when internal policy is upheld over the law, it further exacerbates the “bystander effect”.
Gerasik said: “Everyone deserves protection. Internal policy must be compatible with national law.
“If we don’t protect heroes like Mark, people will take the position of the bystander and they won’t get involved because they will get into trouble.”
The introduction of a clause that looks to police officers to decide whether a person’s use of force is proportionate and necessary is something that could be taken advantage of, but Gerasik denied this being the case.
She said that officers cannot choose whether to follow the clause based on the colour of someone’s skin or nationality.
Gerasik said: “Are the police on any side? No, they must follow protocol.”
Labour’s Elly Baker AM wrote a letter to David Lammy MP in support of the petition on behalf of the London Assembly, but wrote that “clear guidance” being put in place would be more effective than a prescriptive clause in contracts. This caused dissatisfaction with other party members.
Prince said: “I think this government will bury it and say everything the media wants to hear.”
When asked if he thought what Hehir did was gross misconduct, he said: “No of course not. I wouldn’t actually classify it as misconduct.”
Hehir’s case garnered national recognition through a petition receiving almost 150,000 signatures, and a £45k fund was raised in his support.
Gerasik had contacted the Mayor of London Sadiq Khan about this change but recently received a response which said the issue was passed onto TfL – of which Khan is the board’s chair.
She felt the lack of a direct response from the mayor was “deeply concerning.” Despite this, she asserted that this is just the start of her fight to bring Hehir justice.
She said: “I will not let Mark down. I will not let the supporters down. I’m doing this for all of us.”
In a statement Baker said: “All parties in the London Assembly have been united in calling for action.
“We’re asking the Mayor and Government to look at what happened and consider how policy can be strengthened so no worker is penalised for assisting someone in trouble and to stop this sort of thing happening again.”
When asked if Hehir’s dismissal was a breach of the Social Action, Responsibility and Heroism Act 2015, a Metroline spokesperson said: “The Independent Employment Tribunal upheld the dismissal as fair. The claimant breached protocols designed to keep staff and passengers safe, which is our priority.”
A spokesperson for the Mayor of London said: “The Mayor is aware of the calls on the Government to introduce a ‘Good Samaritan Clause’, as well as the London Assembly motion on this issue, and will respond in due course.
“The Mayor remains determined to continue working in partnership with TfL to build a safer, fairer and better London for everyone.”
When life is difficult, Samaritans are here – day or night, 365 days a year. You can call them for free on 116 123, email them at [email protected], or visit samaritans.org to find your nearest branch.
Featured image credit: Szymon Gerasik
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