TUBE HEALTH AND SAFETY VICTORY

RMT helpline 0800 376 3706 :: july/august 2019 :: RMTnews 10 A London employment tribunal has ruled that London Underground Ltd contravened the law by denying an RMT health and safety rep paid time off to perform functions set out in the Safety Representatives and Safety Committees Regulations 1977. RMT general secretary Mick Cash said that the judgement was not only a massive victory for safety reps across the land but also the travelling public who RMT members serve every day. The presence and role of health and safety reps is protected by the 1974 Health and safety at Work Act and the 1977 Regulations. This includes legal requirements for inspections and investigations after accident and also consultation on any change in the workplace. However, with the change in senior LUL management in recent years, it was becoming almost impossible for safety reps to get released for investigations or even to carry out their statutory duties as laid out in the regulations and almost every contact with management became a needless battle. Things came to a head when in February last year when Peter Sheridan, health and safety rep at West Ruislip was refused release to attend a safety committee on behalf of the union. The meeting was to review the safety of new cameras being installed at Bank Station. Bank is a station with a curved platform and eight cameras meaning it is probably the highest risk platform on the entire line. Peter’s release was blocked by the most senior manager on the line on the alleged basis that it ‘may’ lead to a train being cancelled but a train operator rep from another union was released to attend. With the help of Central line West branch, London regional organiser John Leach and RMT legal services via RMT solicitor Sarah Henderson, Peter took London Underground to an Employment Tribunal in March this year. The judgement was a 100 per cent win for Peter and the union and it was agreed by the Judge that the RMT representative had been unlawfully refused paid release to attend. Of equal importance to the 100 per cent judgement in RMT’s favour it was also agreed by the tribunal and London Underground’s barrister that release for Health and Safety reps cannot be refused on the basis of operational/business needs. Speaking after the tribunal win a delighted Peter said that all the excuses that had been used many times over the years by management to refuse reps release had now been put paid to by this judgement. “Health and safety reps in the workplace are a vital tool for workers and union members. They investigate, recommend improvements, raise issues on members’ behalf and challenge poor safety culture in companies. Safety reps over the years have been responsible for many changes in Health and safety legislation. “On London Underground safety rep input and RMT campaigns have resulted in many changes in company policy for the benefit of both staff and the travelling public,” he said. R MT is preparing to ballot for the first national rail strike in a generation after the government and train operating companies continue to refuse to give cast iron assurances that there will be no undermining of the current pension arrangements. The union has written to Transport Secretary Chris Grayling, the industry's regulator, all TOC employers and the Rail Delivery Group making it clear that if there is a move to impose reductions in future pension benefits or significantly increase member contributions the union will take the necessary action to defend pensions. A dispute over Railway Pension Scheme liabilities has already led to Stagecoach and its operating partner Virgin Trains being disqualified from bidding for franchises in April including retendering for the west coast main line and the new HS2 high-speed line. RMT general secretary Mick Cash said that it if takes the first national rail strike in a generation to defend our members pensions then so be it. “We will not tolerate a position where Chris Grayling and the train companies are playing fast and loose with rail pension rights and RMT members will not be left to pay the price for the collapsing chaos of the rail franchising system. "We have made it crystal clear that this union will resist any attack on our members future pension rights either as a result of government policy or greedy employers wanting to prop up their profits within the failed private franchise model. "Any such attack will be met with a campaign of coordinated industrial action across the rail industry to defend pensions and in the absence of a satisfactory response from government and the train operators that is where we are now heading,” he said. TUBE HEALTH AND SAFETY VICTORY Tribunal finds London Underground must allow time off for health and safety reps RAIL PENSIONS BATTLE LOOMING Peter Sheridan