HEATHROW EXPRESS WORKER ‘UNFAIRLY DISMISSED’

www.rmt.org.uk :: july/august 2006 :: RMTnews 7 A Heathrow Express worker who was dismissed after suffering bouts of stress-related illness as the result of a ‘needle- stick’ injury sustained at work has won her claim of unfair dismissal on the grounds of disability. The Employment Tribunal ruled that RMT activist Sally Jenkins (right) should be re- instated after Heathrow Express failed to consider reasonable adjustments to her duties to help her return to work from illness, in breach of the Disability Discrimination Act. The Tribunal also awarded Sally a total of £14,862 for loss of earnings and injury to her feelings. Sally suffered panic attacks, anxiety and depression following the May 2001 needle- stick incident and the months of uncertainty waiting for the result of an HIV test. After her most recent period of sickness leave, Sally's GP and her occupational health doctor recommended that she was fit to return to work. However, despite a recommendation in September 2005 from the company's own consultant psychiatrist that Sally could be eased back into work, she was dismissed on health grounds last December. Sally said that the ruling had lifted a massive weight from her and felt relieved and completely vindicated. "It has been a long haul, but RMT backed my case all the way," she said. Charlotte Moore, Sally's solicitor at RMT law firm Thompsons, said that it was rare for an employment tribunal to order reinstatement, even where a finding of unfair dismissal is made. "This decision sends a very strong message to Heathrow Express, and to all employers, about their duties and responsibilities under the Disability Discrimination Act, including the requirement to make reasonable adjustments to enable workers with disabilities to work," Charlotte Moore said. "Sally has been through a long and difficult ordeal, and it is clear that Heathrow Express needs to review its equal opportunities policies," said RMT general secretary Bob Crow. "It is breathtaking that Heathrow Express treated her so badly when the injury that sparked her problems were sustained at work," he said. The company is expected to appeal against the decision. A Chubb Security Personnel worker on the Eurostar contract compulsorily retired because of his RMT trade-union activities has won the first stage of his battle to win re- instatement. An employment tribunal has awarded assistant supervisor Billy Kelly ‘interim relief’ after hearing that the RMT rep was ‘retired’ on his 65th birthday despite the company’s normal practice of allowing staff to work on until the age of 68. The tribunal ordered that Billy should be re-instated pending a full hearing in September. It agreed that Billy Kelly was forced to retire for no other reason that he was an effective union rep who was instrumental in winning union recognition. RMT general secretary Bob Crow said that the company argued that retirement at 65 was expressed in Billy’s contract of employment, but they never invoked the clause before and even taken on workers over that age. “When Chubb took over the Eurostar security contract they told the union that it would never be recognized. “However, it was largely thanks to Billy that the company has been forced to negotiate with us and that the vast majority of the workforce are members,” Bob said. Even after the Central Arbitration Committee ordered Chubb Security Personnel to recognise RMT, the company refused and it took them six months to talk to the union. Billy had already suffered victimisation when the company demoted him and cut his pay after last year’s successful pay strike, in which he also played a leading role. However, their transparent bid to get rid of a trade union activist cut no ice with the tribunal. Richard Arthur of union solicitors Thompsons said that the company cannot be allowed to get away with victimising trade union representatives. “RMT has won the first round and we are confident of securing full re-instatement for Mr Kelly at the tribunal in September,” he said. HEATHROW EXPRESS WORKER ‘UNFAIRLY DISMISSED’ TRIBUNAL FINDS MEMBER ‘RETIRED’ FOR UNION ACTIVITY