LEGAL VICTORIES

RMT helpline 0800 376 3706 :: june 2023 :: RMTnews 22 LEGAL A member was employed by Network Rail Infrastructure Limited and was dismissed as a Team Leader Track Inspections. The member suffers with anxiety and social phobia, which includes social phobia in passing urine in public places. He was asked to undergo a Drugs and Alcohol test and he was happy to cooperate and had no reason to be concerned. The test was “for cause” although the member was not informed of this at the time. The member undertook and passed the breathalyser test. However, he was unable to produce a sample for the urine test due to the anxiety that he was experiencing. The member offered to take an alternative test, such as a blood test, but was told by sample collector that NR did not offer any other form of testing. The following day the member took steps to arrange a blood test to prove that he had not taken any drugs and had no reason to refuse or avoid the D&A test but he was suspended from his duties. The member provided negative results to NR for an oral swab drug test undertaken and hair follicle test which was also carried out. Despite the member’s explanations regarding his social phobia and provision of the negative oral swab and hair follicle tests, he was dismissed. A claim was lodged at a Employment Tribunal for unfair dismissal and outstanding wages and holiday pay. The outstanding wages and holiday pay was subsequently paid by NR prior to hearing. At a full hearing the Employment Judge found that the member had been unfairly dismissed. He had not refused to take the urine test, but had been physically unable to provide a sample. The Judge stated that a reasonable employer acting reasonably would have considered other test options available in these circumstances, but NR failed to consider any other options for testing. The Employment Judge ordered that your member should be reinstated. However, after a number of remedy hearings, NR refused reinstatement as it would be contrary to the Sentinel Scheme. Eventually the member was awarded £62,161.68 to reflect losses and an uplift for failing to reinstate him to his role. BUS DRIVER An RMT bus driver has secured compensation after a road traffic collision caused spinal injuries. The member suffered whiplash type injuries to her cervical and thoraco- lumbar spine. She also suffered general psychological symptoms from the incident. Due to the injuries the member was off work initially for two weeks and then was forced to reduce her working hours due to ongoing symptoms. Following further time off work her employment was terminated. The member instructed specialist injury lawyers at Thompsons Solicitors, through the RMT legal assistance scheme. After a thorough investigation the insurers for the vehicle driver that collided with the member’s bus admitted liability for the accident.  Thompsons instructed a GP and consultant orthopaedic surgeon to prepare medical reports detailing the nature and extent of the injuries suffered by the member. Court proceedings were commenced and following detailed negotiations a settlement of £28,500 was agreed. ARRIVA RAIL A member employed by Arriva Rail London was walking back to the ticket office carrying a box of coins from the ticket machines when he tripped on a loose carpet tile. He fell forwards, dropping the box of coins and twisting his ankle. The loose carpet tile had been raised to his employers prior to the accident but nothing had been done. The member had pre-existing problems which the accident exacerbated. RMT submitted a claim for compensation for injuries and losses arising from his accident. It was claimed that the employer had breached their duty of care by failing to provide a safe place of work. The employer’s insurers admitted liability and confirmed that they would pay compensation in respect of his injuries and losses suffered as a result of this accident. RMT’s solicitors arranged physiotherapy treatment for ongoing symptoms and sought the opinion of an independent expert in the relevant field in respect of our member’s injuries. The expert confirmed that the accident had aggravated a pre-existing issue for a period of three months following the accident. The member underwent an MRI scan and it was found that he had an injury to the lateral ligament complex which was causing ongoing problems. It was confirmed that the member would continue to suffer permanent symptoms and limitations in respect of work and domestic life and strenuous sports activity indefinitely. RMT’s solicitors negotiated a settlement with the employer’s insurers in the sum of £8,500, which compensated for his injuries, together with the medical expenses and travel expenses that were incurred as a result of the accident. As an RMT member you have access to legal advice and representation from leading trade union lawyers LEGAL VICTORIES