LEGAL VICTORIES

RMT helpline 0800 376 3706 :: september 2023 :: RMTnews 26 RMT helpline 0800 376 3706 :: september 2023 :: RMTnews 26 LEGAL LEGAL VICTORIES RACE DISCRIMINATION WIN A member has been successful in his claim of race discrimination against his employer, Arriva Rail London Limited. A member of black Caribbean descent has worked for Arriva Rail London Limited since April 2016 as an Information Controller. Following a two-day hearing at London Central Employment Tribunal, the Tribunal unanimously found that allegations made in September 2019 and October 2019 that the member was threatening and intimidating him was race discrimination and that an investigation report that the member was late for duty and angry was race discrimination. Arriva Rail London Limited admitted that a managers statement in a WhatsApp group regarding the Notting Hill Carnival that ‘if we are bringing Carnival into the office who is bringing the drugs and knives’. Arriva Rail London limited tried to argue that this was a stupid macho comment. Instead, the Tribunal unanimously found that this amounted to race harassment. The Tribunal found that any financial award in respect of such comments should be subject to a 10 per cent ACAS uplift as Arriva Rail London Limited had failed to comply with the ACAS Code. The claim was listed for a Remedy Hearing at a subsequent date. This is an excellent outcome the member which arises from the terrible treatment that he was subjected to by his employer. SIGNALLING VICTORY A member was injured while walking from the Signal Box towards the toilet. The member pulled the partially open door of the Signal Box towards himself and began to proceed forwards out of the Signal Box when suddenly and without warning, he tripped over a piece of metal rail that was on the floor that was being used as a doorstop causing him to fall forwards resulting in a jarring injury to his back. The union submitted a claim to the relevant defendant solicitors and the defendant made a split liability offer of 50/50 alleging that our member was jointly responsible for the accident. This was disputed by the member and the decision was made to commence court proceedings. The claim proceeded under the County Court management, produced documentation to support why the defendant was responsible for our members accident. Following the member being examined by an appropriate medical expert, a medico-legal report was obtained that confirmed a back injury was suffered because of the accident which settled within 4-6 months of the accident. The injuries resulted in the member requiring time off work and a claim for loss of earnings. The union also sought recovery of medication purchased to aid recovery along with travel expenses for hospital attendances and care and assistance required whilst recovering from injury. In response to the service of court proceedings, the defendants made a quantum offer to settle the claim in the sum of £4,000. Instructed Solicitors considered that the offer did not accurately reflect the injury suffered and following instructions being sought from our member, a counteroffer in the sum of £5,500.00 was made. Solicitors successfully negotiated a settlement of £5,000. The settlement figure compensated injury, losses, and the effects on personal and family life. CATERING VICTORY A member, who works as a Customer Experience Host, was injured at work when he was working on the train. When he opened the fridge whilst the train was in motion, his arm came into contact with a sharp edge of the bar running alongside of the fridge which is to prevent the door from opening too wide. Our member sustained a laceration to his arm from this sharp edge. Thompsons were instructed to pursue a claim for compensation on the basis that our member’s employer had been negligent and had exposed him to a foreseeable risk of injury. Liability was admitted by the employer, indicating that they were aware of the sharp edge and had failed to take appropriate steps. Thompsons went on to prepare the medical evidence required in order to properly quantify our member’s injuries. Our member was seen by an appropriate independent medical expert who prepared a report dealing with the injury that was sustained, how long it took to heal and any problems that arose as a result of this. Our member has been left with a scar to his arm, which although was expected to continue to mature, would remain permanently. A settlement of the member’s claim was achieved in the sum of £4,500, which compensated him for his pain, suffering and loss of amenity as a result of his employer’s established negligence.