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A
second Tube driver at the
centre of a series of strikes
has been found to have been
unfairly sacked by London
Underground by a tribunal and
has been re-instated.
The tribunal found that
Arwyn Thomas, a driver at
Morden depot with an
exemplary employment record
after 30 years of service, should
not have been sacked.
Yet London Underground
threw at least £250,000 at
trying to defend its
victimisation of Arwyn.
Sacked Bakerloo Line tube
driver Eamonn Lynch had also
earlier won his employment
tribunal case for unfair
dismissal on the grounds of
trade union activities and was
re-instated.
RMT general secretary Bob
Crow said that London
Underground knew in January
that their case against Arwyn,
like that against Eamonn Lynch,
had fallen flat on its face when
the interim tribunal judged that
Arwyn had been sacked for his
trade-union activities.
“Yet without the resolve
shown by RMT members on
London Underground and the
strike action taken in defence of
two victimised union reps they
would not have got their jobs
back,” he said.
Following Arwyn’s dismissal,
the union won an ‘interim
relief’ Employment Tribunal
which clearly ruled that LU
sacked him for his trade union
activities, and the Tribunal
ordered LUL to pay Arwyn’s
wages until a full Tribunal was
convened.
The chair of the Tribunal
even took the very unusual step
of asking LUL to take a fifteen-
minute adjournment and
consider reinstating Arwyn
Thomas immediately which they
refused.
RMT regional organiser Steve
Hedley said that at the full
Employment Tribunal Arwyn
came across as a very
straightforward and credible
witness, in contrast to LUL
managers who appeared
disingenuous, contradicting
themselves and each other and
indeed were proven to be giving
totally inaccurate information
by the CCTV evidence produced.
The charges against Arwyn
were that he abused a Tube
Lines employee acting as a CSA
at Morden depot.
However CCTV showed that
Arwyn was pursued across the
station and physically blocked
on at least two occasions and
there has been absolutely no
suggestion even in
management’s propaganda that
any physical contact occurred.
A conviction against Steve
Hedley that he had assaulted a
worker during strike action in
March was also overturned by a
court of appeal after it was
revealed that police had not
submitted all CCTV footage as
they were required to do.
Steve said that the charges
had been “politically motivated”
and LU had used the conviction
to ban him from LU offices.
London Underground has
accepted the findings of the
court and lifted the ban.
RMT helpline 0800 376 3706 :: july/august 2011 :: RMTnews
6
RMT REJECTS LATEST
TUBE PAY OFFER
TUBE DRIVER ARWYN
THOMAS RE-INSTATED
R
MT has formally rejected
the latest pay offer from
London Underground as it
was only a fractional increase
to only 4.75 per cent which is
still significantly below
inflation, as the RPI figure for
February was 5.5 per cent.
RMT general secretary Bob
Crow said that members were
currently experiencing
significant increases in the
costs of living, the latest
being the outrageous price
rises announced by British
Gas.
“Moreover, LU’s offer is for
a five-year settlement which
is too long duration,
especially when the offer for
years two to five is only a
small fraction above RPI.
“This would leave London
Underground staff vulnerable
to real-terms pay cuts in
years when RPI under-
estimates the real rise in
living costs, as it often does
and would leave us unable to
claim for further increases
until 2016,” he said.
LU has dismissed claim for
a minimum flat-rate pay
increase, which would benefit
lower paid grades, and a
reduction in working hours
and offered little or nothing
on our other claims for
improved conditions.