LUL FOUND GUILTY OF TRADE UNION VICTIMISATION

RMT helpline 0800 376 3706 ::january 2023 :: RMTnews 27 RMT In-house legal department successfully represented a member in a claim of suffering a trade union detriment and a detriment for making a protected disclosure against his employer London Underground Limited. The member is employed as an Advanced Train Maintainer and has worked for LUL since 2003. He is an elected RMT health and safety representative and has also previously held the position of Industrial Relations rep. During April 2019 the member raised health and safety concerns about track work with contractors including their scope of work, whether the track was safely secured and sought clarification in relation to their certification. In early May 2019 the member was sent an email to LUL informing them about various health and safety concerns including that uncertified contractors were being allowed to work on the track. Later that month the member was approached by some of the members he represents about protection arrangements when carrying out ETR damage inspections. Our member subsequently, as the RMT health and safety representative, raised concerns with management on behalf of his members including about the working arrangements and protection requirements when working on the track which he said were in breach of the Respondent’s agreed health and safety procedures. He subsequently discussed the issue of protection with the Team Leader who became angry and aggressive with him and was abusive about other trade union representatives. Our member then attended at the employer’s head office for a Tier 2 Health and Safety meeting. The health and safety issues raised by the member at Tier 1 concerning uncertified contractors and protection were registered as a failure to agree and had been escalated on to the agenda for Tier 2 Health and Safety meeting. Prior to the meeting he was called into an office by his manager and suspended on full pay. The suspension letter stated his suspension was based on two allegations concerning his conduct when it was alleged that he was aggressive and shouted at colleagues. Prior to the start of the Tier 2 meeting the chair informed those present that the member had been suspended. The Tier 2 meeting proceeded in the member’s absence and the two items he had placed on the agenda, which had been escalated from Tier 1, concerning working on track, uncertified contractors and protection requirements these health and safety concerns were withdrawn. Our member attended a fact-finding meeting in June 2019. On 14 August 2019 the member was informed by his RMT regional organiser that the company had advised there was no case to answer. RMT claims for Trade Union Detriment and detriment for making a Protected Disclosure were brought at the Watford Employment Tribunal in April 2022. The member was represented by Counsel from Doughty Street Chambers at his hearing which lasted for four days. By reserved Judgment the Tribunal found the claimant’s claims for detriment relating to his suspension contrary to both section 146 TULR (trade union activities) and section 47B ERA (protected disclosures) were well founded and successful. Although the Tribunal had listed a Remedy Hearing to be heard in October, the claim settled beforehand without the need for the Remedy Hearing to proceed. This case shows that RMT will take every reasonable step including legal action to protect our members and lay representatives from being victimised for their trade union activities and/or where they blow the whistle on their employer’s unsafe working practices. RMT assistant general secretary John Leach, at the time the London Transport regional organiser, said that this case of victimisation of a RMT HS rep was blatant. “Here was a highly motivated and effective HS rep and management manipulated a means to try and to sack and by means of suspension removed him from representing his members health and safety. “LUL lost morally and now legally and it needs to take a good hard look at itself and learn. “His workmates, RMT branch and other RMT reps were fantastic, as was the top class legal representation. This solidarity is precious and defines our union’s determination to protect our reps and members in the crucial area of health and safety,” he said. LEGAL LUL FOUND GUILTY OF TRADE UNION VICTIMISATION Case shows that RMT will take every step to protect members from being victimised for trade union activities