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RMT helpline 0800 376 3706 :: october 2018 :: RMTnews 7 A London employment tribunal found this month that a London Underground supervisor in the Leytonstone area was unfairly dismissed after he was racially abused and days later violently assaulted and hospitalised by a gang of up to 20 youths. The verdict was a damning indictment on London Underground and its occupational health (OH) department. No support was given to the member in his ordeal right from the start despite clear policies including a workplace violence policy that supposedly supports staff. Evidently upset and angry after his ordeal managers decided that he would be a “danger“ and medically dismissed him because “he was a danger to his colleagues and LUL customers”. The ET judge heavily criticised these LUL managers and OH doctors for exaggerating the significance of the member’s upset and using procedures against him. He was also very critical of the appeal manager and ruled that the member did not receive a fair appeal procedurally nor a substantive appeal against the decision to dismiss. The tribunal was also critical of OH’s role in this shocking decision as he was only ever seen once by OH doctors who suggested that the member was fit to return to work with adjustments at the end of his GP certificate. The “advice” that supported the dismissal was based on the dismissing manager’s notes of the case conference via email by a different OH doctor who had never met the member. The ET judge was not convinced by the LUL manager’s evidence on the witness stand when they tried to explain away why they didn’t merely refer the member back to OH. The ET judge was also confused as to why the appeal manager had tried to set himself up as a medical health expert in coming to his decision based on his own assessment of the member’s mental health. RMT is now seeking re- instatement and calling on London Mayor Sadiq Khan to directly intervene before January’s remedy hearing about the case which reveals a deep malaise inside the workings of LUL management. RMT general secretary Mick Cash said that the member had been through a horrible and extremely distressing 18 months and it was time was returned to his workplace. “This is another shocking abuse of London Underground staff by management against a member of staff who was the victim of a horrific assault. “Instead of supporting staff, managers sought to victimise and sack a frontline worker who had been assaulted at a time when we see a epidemic levels of anti-social behaviour and attacks on staff,” he said. R MT said that the Rail Accident Investigation Branch’s (RAIB) report this month into a potentially fatal incident at Peckham Rye last year wholly reinforced the union case for a safety-critical guard on-board all trains. On November 7 last year, a London Overground service from Dalston Junction to Battersea Park, operated by Arriva Rail London, came to a stop shortly before reaching Peckham Rye station. A faulty component on the train had caused the brakes to apply, and the driver was unable to release them. There were about 450 passengers on the train at the time. Having spoken to the service controller, train technicians, and the signaller the driver was given permission to begin evacuating the train assisted by a member of staff from Peckham Rye station. However the evacuation had to be abandoned when it was realised that passengers were disembarking from the train very close to the still live electric conductor rail. The RAIB report points out that the primary cause of this scenario was ‘task overload’ and ‘stress’ for the driver brought on by having to simultaneously communicate with control room staff whilst also dealing with growing passenger unrest caused by the delay. The RAIB also points out that the fragmentation on the railway, combined with inexperienced and over-worked staff, was a significant factor in the communication breakdown on the night. RMT general secretary Mick Cash said that it defied belief that a group of profit hungry, private train-operators and their politically motivated puppet masters at the DfT and other agencies continue to peddle the myth that driver-only operation is a safe procedure. “It was pure luck that there wasn’t a major tragedy at Peckham Rye last November and anyone who leaves safety to chance on our railways should have no place in the industry. “It goes without saying that had there been a safety-critical trained guard on-board this train, not only would they have been able to calm the frustrated and angry passengers but they would also have been able to assist with a safe and orderly evacuation, having first ensured that the current to the live rail had been switched off. “Once again we urge the Tory government and their private rail contractors to pull back from their reckless and ideologically driven pursuit to hack back staffing levels and the safety culture on our railways and to support RMT’s call for a guard guarantee on our trains,” he said. ASSAULTED LUL MEMBER WINS EMPLOYMENT TRIBUNAL RMT demands London mayor takes action over appalling sacking of assaulted tube staff member PECKHAM RYE INCIDENT REPORT BACKS UNION CALL FOR A GUARD ON ALL TRAINS