LEGAL NEWS

LEGAL NEWS 16 RMT helpline 0800 3763706 :: march 2010 :: RMTnews A London based tube train driver received £33,000 in compensation after receiving a back injury after a fall. The member was injured when he drove his train into a station and alighted from his cab. As he pulled the gate towards him the lack of room meant he had to step out of the way of the gate, causing him to slip in between the platform and the track, causing him to injure his back. The company’s insurers refused to negotiate a settlement and it was necessary to commence court proceedings, which led to a settlement. Another London Underground member was injured as he was alighting from the front cab and lost his footing. To avoid contact with the live rail he swung his body away and fell backwards onto the train steps. As a result he suffered ligament, nerve and tissue damage to his lower back. Following correspondence and detailed negotiations with the other side’s representatives a settlement of £5,250 was negotiated. CITY LINK DRIVER WINS EMPLOYMENT TRIBUNAL An RMT member employed by City Link in London has won his case for unfair dismissal at a recent Employment Tribunal. The member claimed that he had been given excessive delivery workloads that couldn’t be fulfilled, and had been threatened with disciplinary action and a final written warning. This led to him taking sickness leave while he awaited a grievance meeting. During the member’s sickness leave his nine month old daughter was taken seriously ill while abroad and the member had to rush out to be by her side. This absence was authorised and he was told by management to keep them informed of the situation, which he subsequently did. On his return to England the member found that he had received several letters from the company, including one saying that he had been dismissed for gross misconduct. The tribunal found that the member had kept in reasonable contact with the company during his period of absence and that the company had not followed its disciplinary procedures correctly. The member contacted RMT and Thompsons Solicitors acted on his behalf. James Lenihan at Thompsons said: "The member feels vindicated by the judgment which upholds his argument that he was unfairly dismissed. There were extensive and serious failings in City Link's actions and it is unacceptable that the member was forced to go to Employment Tribunal to obtain any measure of justice. This case should serve as a reminder to employers of their obligations to undertake independent and reasonable investigations before contemplating the dismissal of an employee". TUBE DRIVERS WIN COMPENSATION SIGNALLER WIN INJURY CLAIM A Humberside signaller received a payout of £6,500 after fracturing his ankle at work. The member was working a signal box that was without mains electricity or water and was therefore powered by a generator. Before leaving the box at 12.30 am – as the box was uninhabitable - the member switched off the generator in the downstairs room and secured it. He then had to return the key to the box upstairs. As he was descending the steps from the signal box his foot slipped and he fell awkwardly, landing on his left foot and fracturing his ankle. The other side’s insurers refused to negotiate a settlement and it was necessary to commence court proceedings before reaching a settlement. CONDUCTOR RECEIVES £39,000 A conductor based at a Welsh station received a back injury after he slipped on a marble floor on a train platform. RMT solicitors had to commence court proceedings which resulted in satisfactory settlement terms and the member was awarded £39,182.69 compensation. TECHNICIAN COMPENSATED FOR SERIOUS INJURIES A Cardiff based technician received £6,000 compensation after injuring himself while unloading a flatbed lorry at a depot. He slipped, landing heavily on one side. As a result he suffered a punctured lung, 6 fractured ribs and extensive bruising. Following negotiations between RMT solictors and the employer’s representatives a satisfactory settlement was negotiated.