LEGAL VICTORIES

RMT helpline 0800 376 3706 :: april 2023 :: RMTnews 26 LEGAL An RMT member was involved in an accident in the course of his employment with Network Rail on 20 January 2020. He was instructed to knock out pandrols with a hammer. Pandrols are a metal component at each side of the sleeper on a railway which hold down the track.  He was relatively inexperienced and had not been properly trained to undertake the task. The use of the hammer was contrary to the defender’s safe system of work. Their risk assessment identified that a pan puller ought to be used and thereafter identified other mechanical means that ought to have been used in the event the pandrol was stuck. Notwithstanding that he was instructed to use a hammer by his supervisor. As he swung the hammer and missed, his foot was stuck in the fresh ballast. This prevented his feet from twisting whilst his body above the knee did so, causing him an injury to his left knee. Thompsons intimated a claim against Network Rail who denied liability. They denied that the member was not properly trained and denied the use of the hammer was unsafe. The member suffered a significant injury to his knee and required surgery. The impact of the physical injury caused him to suffer a deterioration of his mental health. Thompsons undertook significant medical investigations including the instruction of an orthopaedic surgeon, psychiatrist, and pain consultant. They also investigated all losses our member sustained including assessing the impact on our members future employability and his pension loss. NR made its own medical investigations. The claim was raised in court and the member was represented by Thompsons Solicitors who also arranged access to advice from Junior Counsel and a King’s Counsel. After extensive negations at the end of a lengthy court process our member received £70,000. This will allow him to ensure he receives the treatment he requires as well as pay off the debts he has incurred as a result of this incident and secure his financial future. We hope it will also prevent any more of our members being injured by similar unsafe working practices.” UNFAIR DISMISSAL RMT recently represented a member who worked on the railway throughout a long career in his claim for unfair dismissal. He had been summarily dismissed following allegations of bullying and discrimination against him, which he vehemently denied. The union instructed its in- house legal team to represent the member. RMT’s legal team set out in detail the specific reasons it considered that the Respondent’s findings and conclusions were unfair and unreasonable and prepared the member and his witnesses for the Tribunal hearing.  The union also instructed an experienced barrister to represent our member at his hearing. The Respondent settled the claim for a substantial sum during the first day of the hearing. HOLIDAY PAY RMT’s legal team also represented a member in her claim for unpaid holiday pay against her previous employer. The Respondent initially denied that any payment was due. However, they later accepted during ACAS Early Conciliation that they had made a mistake and paid the amount due in full. Our member received payment and was pleased with the swift resolution. BUS WIN An RMT member was employed as a Bus Driver by Bluestar. Unfortunately, he developed a knee injury which was later diagnoses as arthritis. He was unable to drive a bus because of the condition. The member underwent physiotherapy and other treatment but sadly it did not improve and it was eventually confirmed that he would need surgery and a long recovery period. Bluestar decided to terminate the member’s employment on grounds of ill health. In those circumstances, members should be paid for their notice period. The Employment Rights Act 1996 states that employees are entitled to one week’s notice for each year of service, up to a maximum of twelve weeks. Some employment contracts give a more generous notice period. The member had been employed by Bluestar for fifteen years. He was therefore legally entitled to twelve weeks’ notice. However, for unknown reasons, Bluestar paid him for two weeks’ notice only, in breach of the Employment Rights Act 1996. The RMT Legal Department was instructed to represent the member in a claim to the Employment Tribunal. Shortly afterwards, Bluestar agreed to pay for the remaining ten weeks’ notice period that he was legally entitled to.   LEGAL VICTORIES As an RMT member you have access to legal advice and representation from leading trade union lawyers