Searchable article text
RMT helpline 0800 376 3706 :: september 2021 :: RMTnews
18
R
MT is demanding an
"urgent investigation" into
the safety risks of unstaffed
stations after a major fire at
Troon Station in South
Ayrshire.
The historic station building
was extensively damaged by a
fire in July, closing the line for
several days.
RMT has written to chief
inspector of railways Ian
Prosser about whether the
damage and disruption "could
have been avoided had Troon
station been properly staffed".
RMT general secretary Mick
Lynch said that the devastating
fire shone a light on just how
dangerous the rail industry's
plans to de-staff our stations
are.
"Station staff play a vital
role in helping deliver a safe,
secure and accessible railway.
"It is long overdue that this
cost-cutting, profit maximising
measure of de-staffing our
stations and trains was
stopped in its tracks due to
glaring and serious health and
safety risks."
Liam Sumpter, Network Rail
route director for Scotland,
said that engineers were
working to make the station
safe and that investigations
into the cause of the fire were
ongoing.
Troon station opened in
1892, designed by architect
James Miller, whose work
includes other west coast
stations as well as Glasgow
Royal Infirmary. The Railway
Heritage Trust has offered
£500,000 to help salvage the
Victorian structure.
The RMT Legal Department
recently successfully
concluded a claim for one of
our members against the
employer, a Train Operating
Company. They argued that
after obtaining an additional
competency five years ago,
our member was entitled to a
pay increase under her terms
and conditions of
employment.
Our member became aware
of the issue with pay in early
2021. The employer initially
agreed to only implement the
pay increase from the date
that our member realised the
error in pay. Our member
submitted a grievance and an
L2 - Application for Legal
Assistance to the RMT Legal
Department for advice
regarding a claim for the
unlawful deduction from
wages in the Employment
Tribunal and breach of
contract.
The RMT Legal Department
advised our member that a
claim for the unlawful
deduction from wages would
have reasonable prospects of
success. However, losses
would be limited to two years
at the Employment Tribunal.
They advised that instead, the
best course of action would be
to pursue a claim for breach of
contract in the County Court.
This would allow our member
to claim the full losses.
Our Legal Department sent
a Letter Before Action to our
member’s employer. This is the
first stage in bringing a breach
of contract claim in the county
court.
Our Legal Department
argued that our member had
raised the issue of pay with
them as soon as they became
aware of it. This was aimed at
avoiding an argument by the
employer that our member
had affirmed a breach of
contract by not taking any
action sooner. Our Legal
Department set out the basis
on which they say our member
was contractually entitled to
receive back pay for full losses
arising from the incorrect
payment of her wages over
five years. Our Legal
Department requested a full
written response from the
employer within 28 days and
explained that a failure to
comply with this request will
result in the RMT having no
alternative but to commence
proceedings in the County
Court for breach of contract.
The member then received
confirmation from her
employer that the grievance
had been upheld at Stage 2 of
their grievance process, and
full back payments would be
made to as a result.
The matter was therefore
resolved at an early stage, and
without the need for the union
to commence proceedings in
the county court for breach of
contract.
WINNING AT WORK
Member wins case for increased pay under the terms
and conditions of employment
UNION CALLS FOR SAFETY
PROBE IN TROON STATION FIRE