LEGAL VICTORIES

RMT helpline 0800 376 3706 :: january 2014 :: RMTnews 19 LEGAL VICTORIES L ast July the Tory/Lib Dem government introduced changes to the Employment Tribunal (ET) System which requires employees to now pay both an issue fee and a hearing fee in order to progress with a case. This change presents a major deterrent to access to justice for all workers. In response, RMT agreed legal arrangements which ensured members’ fees are paid and that solicitors can recover those fees from the employer if a settlement can be negotiated. RMT solicitors Thompsons recently pursued a claim on behalf of a member in relation to a breach of contract and the employer decided to defend the claim in full even though the member had a clear entitlement. This resulted in fees both for lodging the case and for the hearing requested. However Thompsons was also able to negotiate a full reimbursement of the fees from the employers, in addition to recovering the member’s contractual entitlement. This case is important for the union because it is the first case concluded since the introduction of ET fees. RMT’s legal assistance scheme meant that despite the latest attacks on access to justice, the member was able to bring the case and win it with the employers paying the fees. As employers lobbied their friends in the government for ET fees to be brought in they may now be wondering whether that was a good idea. CITY LINK VICTORY A member working for City Link as a delivery driver injured himself while leaving his van. The member fell and landed on his back causing head injuries. RMT solicitors argued that handles should have been fitted in order to exit the van safely. The other side refused to negotiate but when a trial date was listed a settlement was reached and the member received £1,500. GAS LEAK A train guard member returned to the conductor’s cab after dispatching a train and noticed an unusual smell. It appeared that the smell was poisonous gas coming from the batteries situated below the cab. As a result of this exposure the member suffered profound loss of concentration, dizziness, nausea and migraines. The other side agreed to pay £1,025 in compensation. DEFECTIVE EQUIPMENT A bus driver member received nearly £21,500 after sustaining an injury in the course of her employment. The member noticed that the accelerator pedal was extremely stiff and she had to exert a considerable amount of pressure to get the bus to move. She requested a replacement bus but was told none were available and she was told to continue to drive the defective bus. She sustained an injury in her right knee and was diagnosed with a lateral ligament strain. It is hoped that this result will assist health and safety reps at the workplace and prevent similar accidents in the future. A shipping member was resting in his cabin when a fan cover fell from the ceiling hitting him on the head causing a serious eye injury adversely affecting his vision. Following detailed negotiations it was possible to negotiate a £4,000 settlement for damages. ROAD TRAFFIC ACCIDENTS A member was injured during the course of his employment when he was knocked off his motorbike after a third party pulled out of a road into his path. The member suffered a broken foot, tendon damage and a great deal of stress. The other side refused to negotiate and it was necessary to start court proceedings. Another member was injured when a lorry hit the back of his car and the union negotiated a satisfactory settlement of nearly £10,000. A bus driver received nearly £3,500 after sustaining an injury while on duty. Whilst driving the bus through a narrowed road after ensuring it was safe to move forward a van appeared at speed forcing the member to brake. As a result of the accident the member suffered whiplash and neck and shoulder injuries. ASSAULT A member was verbally abused and attacked by a passenger who had failed to produce a ticket. Following detailed negotiations as final payment for nearly £6,000 was sent to the member. All these cases show the value of the union’s legal service. It also shows that the union is prepared to take cases that claim companies and no win/no fee solicitors will not. RMT RECOVERS EMPLOYMENT TRIBUNAL FEES