LANDMARK LEGAL VICTORY AGAINST VICTIMISATION

RMT helpline 0800 376 3706 :: october 2012 :: RMTnews 22 Two bus drivers threatened with the sack for being RMT union reps have won £16,000 in compensation in from transport privateer Arriva. Marcus Farr and Len Graves were harassed, disciplined and threatened with the sack by Arriva because they wore high visibility vests with the union logo on. However other drivers had worn their own high visibility vests while on duty without complaint, including one with a “Himmler” on the back and one with his initials shaped into a swastika on his vest. The men wore the RMT vests rather than the company ones to ensure that members knew who they were and could come to them for advice. The tribunal ordered Arriva to pay the men compensation, including aggravated damages to Mr Graves, and to pay the union its legal costs. RMT officials always considered that Arriva singled them out because they were union representatives. London South Employment Tribunal agreed, ruling that the reason the firm did this was to penalise them for being RMT members and to deter them from taking part in RMT activities. The members, who are based at South Croydon garage, were repeatedly pulled up by their managers for wearing orange vests with the RMT logo on the back instead of the Arriva branded yellow ones on the basis that this was unauthorised uniform. Mr Graves was suspended for wearing the vest and the stress of this resulted in him becoming ill. Arriva managers ordered that he be paid only statutory sick pay while he was off sick. When he complained he was told the issue could only be resolved if he agreed to an immediate fact finding interview about the vest and agree not to wear one again which he reluctantly agreed to and he was subsequently issued with a disciplinary sanction as was also the case with Mr Farr. The members pursued their claim against Arriva for subjecting them to detriment on grounds of trade union activities, which is against the law. The tribunal agreed unanimously that Arriva had acted unlawfully. It said: “The purpose of the acts complained of was to penalise the claimants for being members of the RMT and/or to deter them from taking part in the activities of the RMT” and ordered that Mr Farr be paid £7,000 compensation and Mr Grave £9,000. An award for costs was also made against RMT secured a key milestone victory in the fight for justice for sacked Jarvis rail workers with an Employment Tribunal finding that there was a transfer of part of the Jarvis renewals work on the London North East work to Babcock Rail under a contract with Network Rail. Jarvis PLC went into administration on March 25. Jarvis Rail Ltd and Fastline Ltd went into administration on March 29. The administrators sacked about 1,100 Jarvis/Fastline employees on 31 March, including over 400 RMT members. The ET hearing in Leeds has been deciding on whether or not there was a transfer of that part of Jarvis Rail Ltd dealing with the LNE contract renewals work for Network Rail. RMT argued that the work transferred to Network Rail or Babcock Rail. Babcock Rail signed a deal with Network Rail to carry out all of LNE contract renewals work in May 2010. The Employment Tribunal found in RMT’s favour and there will now be further discussions and hearings as the union and its lawyers pursue a fair and just settlement for the sacked Jarvis workers. RMT general secretary Bob Crow said that the union had secured an important landmark victory for the sacked Jarvis workers. JUSTICE FOR SACKED JARVIS RAIL LANDMARK LEGAL VICTORY AGAINST VICTIMISATION Employment tribunal rules that company unlawfully discriminated against two workers because of their RMT membership