RMT LEGAL VICTORY OVER SOUTHERN

RMT helpline 0800 376 3706 :: july/august 2019 :: RMTnews 5 RMT has won the right to take a discrimination case against train operating company Govia Thameslink Railway (GTR) for operating a blacklist on its Southern franchise. The case concerns an attempt by Southern Trains management to attempt to deter RMT members from taking industrial action in the long running dispute over driver-only operated trains by withholding backdated holiday pay. RMT members brought a claim alleging that the company was operating an unlawful blacklist which was subjecting workers to discrimination for participating in industrial action and not agreeing to stop taking part in such action in the future. GTR Ltd, responsible for operating Southern Trains, tried to have the claims struck out due to time limits. However Employment Judge Sage ruled that there were reasonable prospects of success and ordered that it proceed to trial. He also ruled that that the union did not have to deposit the huge sums of money now demanded under new Tory rules in order to pursue the claim. As a result GTR now appears to be on the back foot and at the very least will have to account for their conduct in an open court. Thompsons employment rights solicitor Gazzali Mohideen said that the case was ground-breaking because it could close a significant loophole in the law which currently allows employers to subject trade union members to discrimination and detriment if they are taking part in industrial action. RMT Sussex Coast branch secretary Chris Rodway, who was lead claimant along with 117 other members in the case, said that the branch was thrilled at the news from the Croydon Tribunal after a three-year fight. “This fight for truth and Justice is a long one and we are all pleased to say RMT has refused to shy from it. “The branch would like to place on record their thanks and appreciation to the union leadership, especially Paul Cox who has been of tremendous support supported fully supported me as the Lead Claimant in this application. “It looked at one stage that we faced an uphill struggle to get this matter past the stage that we have today and we were looking at a rather expensive failure to get Justice. “However with the brilliant work done by Gazzali Mohideen and the impressive advocacy skills of our Counsel Nicholas Tom, the fight goes on and we look forward to the day when GTR are finally brought to book over their disgraceful behaviour and victimisation of our members,” he said. RMT general secretary Mick Cash congratulated the branch for showing the determination and commitment to see the battle through to the next stage. “Thanks to you and the grit and resolve shown by the branch RMT has won this round, the fight continues,” he said. for their continuing support for our campaign to put safety and access on the railway before company profits,” he said. The union was forced to take more action as the company continued to drag its heels in protracted talks over the guard guarantee after the union suspended action back in February in good faith based on written assurances over the rolling out of driver only operation. The company has not even been prepared to give assurances that their new operational model won't move to Driver Controlled Operation with the role of the guard carved up completely - a position which has undermined union confidence and sparked fears of a stitch up. In addition, the company made it quite clear in talks with the union that the protection of their profit margins was a determining factor in their future operational model - putting profits before passenger safety. RMT LEGAL VICTORY OVER SOUTHERN Tribunal allows union to proceed with ground- breaking case under blacklisting regulations Bournemouth