Chris Barrett is backed by his union

Chris Barrett and London Underground (LU) will be informed in writing about the outcome at a later date.

Managers said Mr Barrett told them his ankle injury meant he could not walk without a splint.

But Mr Barrett, who is backed by his union, said he had been advised to take exercise to strengthen his ankle.

His representative Toby Kempster told the hearing: "The dismissal is unfair because it is procedurally flawed."

'Use common sense'

"There was no medical evidence to say that playing squash was incompatible with the symptoms described."

But James Taylor, representing LU, asked the panel to use "common sense" when deciding whether the driver had been unfairly dismissed.

He said: "He portrayed himself as a sick man who was not mobile, and yet he was playing squash.

"In those circumstances, he knew he could expect nothing other than dismissal."

Rail, Maritime and Transport (RMT) union members went on strike in November in support of Mr Barrett.

If the ankle had not been strong enough, then there could have been a serious risk to my own health and to passengers on the Tube Chris Barrett

The 30-year-old, from Hackney, east London, earlier told the tribunal he did not want his �32,000-a-year job back because he had "lost confidence" in LU.

He told the second day of the hearing that he now worked for a local authority but was earning less than he had done as a driver.

His statement to the tribunal said: "I considered that a gentle game of squash would be a good way of testing whether I was fit enough to resume my duty, which can involve a certain amount of physical strain.

"As I have already stated, if the ankle had not been strong enough, then there could have been a serious risk to my own health and, indeed, to passengers on the Tube."

He denied playing a competitive game and said he was sweating heavily because it was July and he was injured.

Mr Barrett said he had never intended to deceive his employers and insisted he would have asked for permission to play squash if he had known he would be sacked.

The driver was seen leaving the Sobell Sports Centre in Islington, north London, on 10 July during an LU surveillance operation.