VI NDI CATI ON FOR MARK HARDI NG

RMT helpline 0800 376 3706 :: march 2016 :: RMTnews 23 LEGAL The RMT legal department and London Underground worker Mark Harding have secured a high court declaration from British Transport Police that it was wrong to impose a restriction on Mr Harding’s trade union involvement as part of the bail conditions attached to his arrest, for picket line activity in 2014. British Transport Police conceded that: “It is hereby declared that, in all the circumstances, the imposition of the bail conditions imposed on the Claimant on the evening of February 6th 2014 at 6.55pm, and which remained in place until February 10th 2014, amounted to a breach of his rights under Articles 10 and 11 of the European Convention of Human Rights.” Mark Harding had already been found not guilty of charges brought against him. He was accused of trying to intimidate a supervisor into not crossing the picket line at Hammersmith during industrial action in February 2014 over Tube ticket office closures. British Transport Police brought a case under the 1992 Trade Union and Labour Relations Act, as amended by the Serious Organised Crime and Police Act 2005. Over 20 MPs and trade union leaders issued a joint statement of support for Mark in a case that would have intensified UK anti-trade union laws and effectively made picketing illegal. A joint letter said that they were “dismayed that the arrest appears to have political connotations in that Mr Harding was arrested by the use of trade union legislation and held in custody for 13 hours”. Mr Harding said that it was “clearly a politically motivated case. "It is scandalous that so much public money has been wasted as I did nothing wrong -all I did was ask someone not to cross a picket line. "This is an important victory, not just for RMT but for the whole trade union movement, and has significant implications for every single trade unionist taking action and seeking to picket effectively at the workplace.” he said. RMT general secretary Mick Cash said that the union welcomed the latest victory in the long-running case. “This is an important victory for Mr Harding, the union, the legal department and the trade union movement in general as this declaration can be pointed to should there be any future police infringement upon trade union activity as part of bail conditions, which is particularly relevant given the proposals to criminalise picketing as part of the proposed Trade Union Bill,” he said. VINDICATION FOR MARK HARDING