NETWORK RAIL BREACHES DRUG AND ALCOHOL POLICY

www.rmt.org.uk :: october 2007 :: RMTnews 19 N etwork Rail was in breach of its own policy when it sent an RMT member for a urine test for blood alcohol levels, even though he had already a passed a breathalyser test. Keith Nichols was sacked when the urine test indicated that he had above permissible levels of alcohol in his blood. A colleague had told management that he thought he could smell alcohol on Mr Nichol’s breath. Mr Nichols was first sent for a breathalyser test, which he passed, and then for a urine test, which he failed. He appealed against his dismissal, but this was rejected. But an Employment Tribunal found that Mr Nichols, who was employed by Network Rail for over 30 years, had been unfairly dismissed. It said Network Rail had breached its own rules by requiring him to undergo a urine test after he had passed the breathalyser, and had relied upon the urine test results despite the disparity between the figures. The tribunal found that Network Rail had not carried out a reasonable investigation and that, given Mr Nichols’ long service history and clean disciplinary record, it was unreasonable of the employer not to consider a lesser sanction. Mr Nichols had been transferred from Jarvis to Network Rail by way of TUPE transfer a few years before the incident. Therefore his employment was still governed by the Jarvis terms and conditions of employment. In accordance with the Jarvis Drugs and Alcohol Policy, once an employee suspected of being under the influence of alcohol passes a breathalyser test then no further action will be taken. Emily Greenshields of Thompsons Solicitors, who was instructed by the union to represent Mr Nichols, said that the case should send a clear message to employers in the rail industry and elsewhere of the importance of adhering to drugs and alcohol policies. “Such policies are designed to protect the public but also employees by clearly setting down the rules and procedures around drugs and alcohol in the workplace. “It is unacceptable to breach a policy in order to get a ‘different result’ and to sack a worker on the basis of that result,” Emily says. The case is listed for a hearing in November which will decide whether Mr Nichols is awarded compensation or is re- instated in his job. NETWORK RAIL BREACHES DRUG AND ALCOHOL POLICY Legal update Summary of fatal and non-fatal accidents and assaults to members for the period April 1 to June 30 2007 Fatal Accidents Non-Fatal Accidents Assaults Rail Operating Grades 0 [0] 87 [93] 7 [6] Rail Engineering Grades 2 [0] 31 [23] 0 [2] Workshops 0 [0] 1 [1] 0 [0] Road Transport 0 [0] 0 [7] 0 [0] Buses 0 [0] 9 [17] 0 [0] LUL and Metros 0 [0] 15 [14] 3 [5] Shipping 1 [0] 11 [5] 0 [0] RMT Head Office Staff 0 [0] 0 [0] 0 [1] Taxi Driver 0 [0] 1 [0] 0 [0] Claims for damages at common law for the period April 1 to June 30 2007 Number of claims settled 100 Total amount recovered £647,001.28p including CICA Claims Legal assistance granted in respect of charges brought by the police for the period April 1 to June 30 2007 Road Traffic Act 2 Other police charges 7