LEGAL VICTORIES IN SCOTLAND

RMT helpline 0800 376 3706 :: november/december 2019 :: RMTnews 22 Thompsons' solicitors Employment Rights Unit (ERU) in Scotland continues to expand to meet the dramatic increase in the range and volume of employment work and the demand for specialist expertise in the field. In one case a member bravely stood up to his manager on behalf a female colleague and was repaid with the sack. RMT solicitors Thompsons vigorous pursed compensation in relation to this shocking behaviour and secured a significant settlement in the sun of £45,000. The member’s line manager had vetoed his choice for a new team leader on the basis that the candidate was young and female. The female candidate rightly raised a grievance and the member supported and gave evidence against his line manager. Unfortunately for the member, but perhaps inevitably given the attitude of the line manager, their relationship deteriorated swiftly thereafter. The member was dismissed by his employer, ScotRail on the basis that they concluded that there has been a breakdown in relationship between the member and his management team. A claim for unfair dismissal and victimisation was lodged on behalf of the member. Before the matter was set down for a final hearing, the member accepted a settlement offer of £45,000 plus retention of travel passes and a detailed reference. STANDING UP AGAINST SEXISM Another member applied for a team leader post and was advised that she had been the strongest candidate and would be appointed to the post. This offer was later revoked and she was informed by a fellow RMT member that the reason for this was the recruiting manager’s prejudice against young, female candidates. A claim for discrimination based on age and sex was lodged against her employer, ScotRail. The member attended a judicial mediation at which she accepted an offer of £5,000, a transfer to a new location and the implementation of a fast track development plan to assist her to progress within the organisation. HEALTH AND SAFETY A member had grave health and safety concerns about practices at his worksite. He would not stay silent and took the brave step of whistle blowing. He was well aware that could cause him difficulties irrespective of protections in the law for white- blowers. The concerns he raised were in respect of serious issues relating to health and safety concerns that his employer was failing to adhere to the working time regulations and allegations that they had discharged contaminated waste materials and constipated fuel into the freshwater river next to his worksite. Within days of the whistleblowing an investigation was mounted against the member which found that the member had left his worksite overnight without permission whilst he was on duty. This was of course a witch hunt. The member was nevertheless dismissed for gross misconduct. A claim for automatic unfair dismissal based on whistleblowing and disclosure of health and safety concerns was lodged on behalf of the member. At a judicial mediation meeting, the member accepted a settlement offer of £8,000 plus a detailed reference. UNFAIR DISMISSAL The member was dismissed by his employer for gross misconduct after his employer concluded that he had behaved in an aggressive and abusive behaviour towards his line manager. The member’s line manager had a history of making petty and trivial allegations against the member. On this occasion, he put forward a number of vague, undated, unspecified allegations against the member. These were upheld by the employer and the member was dismissed without notice. A claim for unfair dismissal was lodged on behalf of the member, and ahead of the final hearing, the member accepted a settlement offer of £6,000. WINNING IN COURT This case is noteworthy not only because of the conduct of the employer but also because they had the gall to fight the case – very unsuccessfully – to the Employment Appeal Court. The member was a scaffolder working on an oil rig. Whilst at work, a small piece of piping fell overboard. There was no risk to anyone. It was an incredibly minor incident. The employer was in financial difficulties and used this incident as an opportunity to cut some costs. The member and two colleagues who were also present were dismissed for gross LEGAL VICTORIES IN SCOTLAND RMT outlines Scottish Employment Rights Unit legal victories