WINNING AT WORK

RMT helpline 0800 376 3706 :: february 2021 :: RMTnews 13 The RMT legal department represented a member in his claim for automatic unfair dismissal at the Sheffield Employment Tribunal. The member was employed by Trackwork limited (TW) from October 2018 as a Track Maintenance Supervisor. He was responsible for a team of employees working on the track. His role required him to ensure that a safe system of work was followed by the team. Soon after commencing employment, the member raised issues with the fellow Track Maintenance Supervisor and his manager, including the team not carrying out a safe system of work and not completing the COSS forms. TW told him that the members of the team were not happy with him as their supervisor and were considering terminating his employment as they did not want to “upset the applecart”. The member was shocked and explained that he had required the team to follow a safe system of working. In December 2018 the member received a telephone call from TW. He was informed that his contract was terminated because of an issue of his integration into the team. The RMT legal department submitted claims for automatic unfair dismissal. At a hearing at Sheffield Employment Tribunal in November 2019 the claims were not successful. The union submitted a claim to the Employment Appeal Tribunal which was heard in December 2020. The Employment Appeal Tribunal replaced the Employment Tribunal’s decision with their own, finding that the member had been automatically unfairly dismissed. SETTLEMENTS The RMT Legal department have also settled a number of cases including the following: • A member settled a claim for a substantial five figure sum as compensation for injury to feelings in respect of a claim for disability discrimination against a train operating company. • Another member settled their claim for disability discrimination and unfair dismissal for a substantial five figure sum against a train operating company. • Additionally, a member settled their claim for a substantial sum as compensation for injury to feelings in respect of a claim of race discrimination against a large facilities management company. WINNING AT WORK RMT offers full legal representation for members from day one of membership, make sure you are covered