RMT SECURES DAMAGES FOR LIFELONG VIBRATION INJURY

RMT helpline 0800 376 3706 :: february 2018 :: RMTnews 21 LEGAL A man who developed a painful hand condition after working with vibrating tools for nearly a decade has secured compensation with the support of the RMT and Thompsons Solicitors. The member used vibrating machinery to maintain and install railway tracks. In addition to using a Kango drill daily, he would also less frequently operate rail saws, disc cutters and rail drills. He would work seven-hour shifts, of which more than four hours would be spent using vibrating tools. In November 2012, nearly nine years after he first started operating the vibrating tools, he began experiencing pain and cramp in his hands. This was later diagnosed as hand arm vibration syndrome. He was initially told by his employer that he could continue using the vibrating tools at his discretion, moving to another job if and when pain began to develop. However, an external occupational health assessment later said that he could not work with any handheld tools, whether vibrating or otherwise, because his hand syndrome made it unsafe. Subsequently, he had to take a role as a track controller. A year after his diagnosis, the member required surgery to relieve the pressure on the nerves in his hands. He continues to suffer pain, particularly in cold weather, and the syndrome limits his grip. He turned to the RMT and industrial disease specialists, Thompsons Solicitors, to make a compensation claim. The member said that to be told that he would’nt ever recover from a condition caused by his job was incredibly frustrating. “I would spend hours each day using vibrating machinery, but it was only after my diagnosis that systems came into place restricting how much time people spend on them. I’m limited in what I can do job- wise. “I can’t even use basic tools like hammers and spanners because of the pain in my hands and lack of grip. “I’m glad that my employer has changed its procedures for vibrating tools, but it’s come too late for me,” he said. RMT general secretary Mick Cash said that the members’ working conditions had left him in frequent pain and at a disadvantage when applying for future jobs. “This could have been avoided had his employer used common sense and acknowledged the well-known dangers surrounding excessive use of vibrating tools. “RMT represents thousands of members across the UK in work-related compensation claims, and we were proud to fight on Lee’s behalf to hold his employer to account for failing to protect him.” Stacey Cox, of Thompsons Solicitors, added that hand arm vibration syndrome would continue to affect him for the rest of his life, but his compensation settlement would mean that he can put money aside for treatment that can ease the pain he suffers. “Thanks to his RMT membership, not only was he able to access industrial disease specialists but he also got 100 per cent of his compensation both things he wouldn’t have got from a high street law firm or a claims company off the TV,” she said. RMT SECURES DAMAGES FOR UNFAIRLY DISMISSED MEMBER A member has received more than £6,000 in compensation after he was unfairly dismissed from his job following a transfer of undertakings (TUPE). The member started working for MITIE in 2008 as a cleaning operative on a 30 hour-a-week contract. In April 2016, his employment transferred where he was given a new contract of employment stating the same hours of employment. Two months after starting work they informed him that his working hours were being reduced to 12 hours a week. The member did not accept these changes and tried to discuss the changes with his employer but they refused to discuss it with him. He continued to work but made it clear that he did not accept the changes and was working under protest. He turned to his trade union and contacted employment law specialists Thompsons Solicitors to make a claim for compensation. It argued that the employer had essentially dismissed the member from his 30 hour a week contract and re-engaged him on a 12.5 hour contract. Also the employer had not followed the TUPE regulations, which state that contractual changes can only be made for an ‘economic, technical or organisational’ reason entailing changes in the workforce, and therefore the changes to his contract were void. A settlement was secured so that the member had payment for his lost wages and holidays, on the basis that he would take paid redundancy, which he accepted. The member said that the service he received was excellent. “Without their guidance, I wouldn’t have had the confidence to take on my employer and recoup the money I lost when they decided to cut my hours against my will. “It’s a shame that my years of service ended in such a negative way, but if I wasn’t a trade union member, it could have been a lot worse as I would not have had the backing of free legal support from experts in their field,” he said. Mick Cash said that the member had turned to the union in his time of need and it had worked closely with the employment rights team at Thompsons Solicitors to investigate his claim and ensure a swift conclusion. “As a trade union member, he kept 100 per cent of the compensation secured, without any deductions, which would not have been the case if he had used a high street solicitor,” he said. Ranjit O’Mahony, of Thompsons Solicitors, added that Thompsons was proud to stand side-by-side with the trade union movement and support workers who aren’t given a fair deal at work. “This case highlights the importance of employers following the regulations, and the consequences they will face if they don’t,” he said. RMT SECURES DAMAGES FOR LIFELONG VIBRATION INJURY