LEGAL VICTORY AT SOUTHEASTERN

RMT helpline 0800 376 3706 :: september 2020 :: RMTnews 29 RMT helpline 0800 376 3706 :: september 2020 :: RMTnews 29 LEGAL An RMT member was successful in his claim for unfair and wrongful dismissal for issuing a ticket without authorisation in an effort to help a passenger whilst performing a customer service role. The member had been nominated for and reached the final of the employer’s “Rail Staff Awards” in 2016 and 2017 due to his good customer service. The member was subsequently dismissed due to allegations that he entered a ticket office without permission, when the clerk on duty was not present, then issued a ticket from a ticket machine which he did not have authority to do. During the dismissal process the member stated that he did have authorisation to be in the ticket office, but accepted that he did not have authorisation to issue that particular ticket. The member stated that he was very sorry but wanted to help the passenger and had always done what he could to give good service. Accordingly the RMT Legal Department provided in- house support and represented the member in a claim including unfair dismissal and wrongful dismissal, and the matter reached a hearing at the Employment Tribunal. At the hearing, the Tribunal found that the company made a number of errors in the dismissal process, namely that the employee did have authorisation to be in the area and that the dismissing managers did not take account of the contrition shown and that he would act differently in future. Moreover the dismissal was found to be outside the range of reasonable responses. Whilst the Tribunal agreed that the member’s actions constituted misconduct and warranted at least a warning they found the matter to be outside the reasonable range to dismiss. The Tribunal found that the member motive was to assist a member of the public, albeit misguided, and that there was clear contrition and acceptance he should do differently in future. The Tribunal found that there was no dishonesty, no loss and no mal-intent on the part of the member. Whilst the Tribunal found that there was misjudgement on the member’s part, any concerns about the misjudgement could have been addressed through coaching. The Tribunal found that the member’s colleague who left the ticket office open and unlocked was at least as culpable, yet his penalty was reduced to a first warning on appeal. The fact that his colleague was not dismissed confirmed that dismissal for the member was outside the range of reasonable responses. The Tribunal found that the reason the company considered the matter more serious was based upon the errors that they themselves had made in the process and that dismissal was unreasonable. Accordingly the Tribunal found that the member has been unfairly and wrongly dismissed. The member was therefore awarded the full statutory cap of one year’s pay, which in this instance was £25,960.02. This is an important case as it emphasises that employers are obligated to conduct a fair review of all evidence and statements available to them and to not only take into account that which suits their decision. Furthermore it represents a real victory for the RMT Legal Department, as it shows that ‘range of reasonable responses’ arguments, which are often difficult, can be successful in the right circumstances. RMT senior assistant general secretary Mick Lynch said the case shown, once again that transport workers should not go to work without the legal protection that RMT membership can bring. “Throughout this unfortunate case it is quite clear that our member did everything he could to help a member of the public and bore no malice to the company or was seeking financial gain. “Although it appears that natural justice has been done this would not have been the case without trade union representation from the very start. “Moreover the employer may have learned a lesson how to treat loyal staff whose only motivation seems to have been was to serve the public,” he said. LEGAL VICTORY AT SOUTHEASTERN Member found to have been wrongfully dismissed for helping a member of the public