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RMT helpline 0800 376 3706 :: january 2018 :: RMTnews
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RMT Three Bridges branch
secretary Dave Crawford was
instrumental in winning an
appeal to the Employment
Appeal Tribunal (EAT) which
had previously ruled that taking
a continuous 20 minute breai
was unsafe.
Network Rail had argued that
it was safer for a signaller to
take short breaks rather than the
continuous 20 minutes
uninterrupted as defined by the
Working Time Directive and that
it was too expensive to adopt.
However RMT solicitor
Naomi Linn put it to the appeal
Judge that the WTD could not
be linked to health and safety as
it was adopted by the British
legislator to ensure that all
workers got adequate rest
breaks.
She cited a previous EAT
ruling that concluded that
everybody had the right of a
continuous 20 minute rest break
for any shift over six hours.
She also argued that
although Network Rail was
attempting to argue that there
was period of times when
signallers were inactive they
still could be interrupted by
phone calls from various parties
and were therefore effectively
on call.
After hearing all the
arguments, the Judge ruled that
David Crawford was entitled to
a continuous 20 minute
uninterrupted rest break away
from his workstation and that
the original Employment
Tribunal had made an error in
law and allowed the appeal.
Supporting David Crawford’s
case, RMT signaller Peter Lee
and his Sussex Coast branch
secretary Chris Rodway were in
attendance to witness this
victory in a long-running battle
for workplace justice.
Chris Rodway paid tribute to
Three Bridges branch for
fighting a long battle against
this injustice.
“My branch was horrified
when it learned that signallers’
turns could sometime be as long
as twelve hours without a meal
break.
“That is unsafe and morally
indefensible, this is the 21st
century and there should be no
place for Victorian practices,” he
said.
The ruling could have far
reaching implications for all
signallers and the union is
waiting to hear if Network Rail
will use the right to appeal.
SIGNALLING VICTORY
Union wins legal appeal allowing signallers
meal breaks on turns longer than six hours
Victory: left to right Sussex Coast branch secretary Chris Rodway, RMT signaller Peter
Lee and Three Bridges branch secretary Dave Crawford celebrate outside the court
R
MT members working on
Orkney Ferries launched
industrial action earlier this
month in a fight for pay justice.
Members began a work to
rule after voting by around 80
per cent for strike action with
an even higher number backing
action short of a strike.
RMT general secretary Mick
Cash said that the attitude of
the company had forced us to
put on this action following an
overwhelming vote by members
and the employers needed to
take notice.
“The staff on these routes
will not sit back while their
standard of living is undermined
by the company and their anger
and frustration was fully
reflected in the ballot result,” he
said.
RMT national secretary Steve
Todd also said that Orkney
Ferries now needed to show that
they are listening.
“The union has confirmed a
programme of industrial action
and we expect the company to
start taking this dispute
seriously.
The ball is firmly in the
companies court and RMT
remains available for serious
talks,” he said.
ORKNEY FERRIES TO TAKE ACTION
IN FIGHT FOR PAY JUSTICE