RMT ACTIVIST REINSTATED AFTER “BRUTAL” SACKING

RMT helpline 0800 3763706 :: march 2009 :: RMTnews 5 F ormer RMT EC member and train driver Derrick Marr (right) is back at work following negotiations in the wake of an important victory at an employment tribunal. Derrick was dismissed earlier this year by National Express East Anglia – three weeks after returning to work – following his second three-year stint on RMT’s governing council of executives. The company claimed he had effectively resigned in 2005 after failing a medical upon his return, but John Hendy QC, representing Derrick, argued that he was in employment in 2009 and had in fact been dismissed for his high-profile union activities. After hearing both sides the tribunal said the company had adopted a “brutal approach” with the dismissal, and had displayed no sympathy towards Derrick Marr’s medical conditions, which include diabetes and high blood pressure. The tribunal awarded Derrick “interim relief”, under which the company was obliged to continue his contract pending the outcome of a full tribunal hearing. Interim relief is awarded only when the tribunal believes the claimant has a very strong case for unfair dismissal. After the tribunal’s findings were announced the company chose not to wait for a full tribunal and Derrick’s unconditional return to work was negotiated. Richard Arthur, from Thompsons solicitors, the firm that dealt with the case, said that the verdict was important because: “The tribunal found that the dismissal was ‘brutal’ and that there was a good chance that it was because of his trade union activity. It’s rare for a tribunal to be won on grounds like these but the facts were very stark.” RMT general secretary Bob Crow said that the ruling pulled apart the pretexts that National Express put forward for sacking Del Marr. “It was quite clear that he was dismissed because he has been an effective trade union rep for many years, and we are pleased that the company has done the decent thing and re-instated him unconditionally." Happy to finally be back at work Del added: “I’m thankful for the tremendous support I had both from the union and also from the other drivers at Southend Victoria depot”. RMT ACTIVIST REINSTATED AFTER “BRUTAL” SACKING A lmost 200 locations where essential rail engineering works have been deferred by Network Rail from its 2009-10 schedule have been identified by RMT. The union published lists from three of NR’s regions, passed to the union by whistleblowers concerned at the safety and service implications of postponing works to replace rails, sleepers and ballast in order to save money. The lists name locations in the Southern, Western and London to Crewe regions which have had work deferred, despite it having already been agreed and placed with contractors last year – and are only a part of the 28 per cent of work that NR has postponed. RMT expects to receive details from other regions, including Scotland and the north of England, and estimates that over 1,000 railway engineering jobs are under threat thanks to the deferrals. “Network Rail cannot seriously expect us to believe that this work is being deferred to take advantage of more efficient but unknown future methods of delivery when the jobs being cut had already been placed with contractors,” RMT general secretary Bob Crow said. Network Rail’s actions bring into question what has changed to overturn the original decision that work should take place at the 200 locations in the coming year. Bob Crow added: “The simple fact is that Network Rail is under massive pressure to save money, but it is shocking that it is prepared to defer essential works on this scale and cut the frequency of track inspections and signals maintenance in order to do so. “Gordon Brown has said that it is committed to using investment in public works to help our economy ride out the recession, but unless he intervenes to reverse these cuts he will be allowing infrastructure safety standards to be undermined and subsidising redundancies instead.” RMT REVEALS SCALE OF DEFERRED RAIL WORKS