UNFAIR DISMISSAL NETWORK RAIL WIN

RMT helpline 0800 376 3706 :: january/february 2024 :: RMTnews 26 RMT helpline 0800 376 3706 :: january/february 2024 :: RMTnews LEGAL An RMT member was dismissed from his employment by Network Rail following advice from Occupational Health that he was no longer fit to carry out his substantive role due to arthritis in his knee. However, Occupational Health advised that the member was fit to carry out other duties. In circumstances where an employee is permanently unfit to carry out their substantive role, but they are fit for other duties, the Stood Off Arrangements apply. The Stood Off Arrangements arise from the Red, Blue and Green Conditions of Service books. They remain contractual Conditions of Service for our member covered by the Red, Blue and Green Books in Network Rail today. The Stood Off Arrangements require Network Rail to accommodate employees with permanent medical restrictions in their role with reasonable adjustments where feasible. However, those who cannot be accommodated should have their restrictions detailed by Occupational Health and a welfare meeting should take place to identify suitable alternative roles. Where a suitable alternative role is identified that is vacant, the employee is to be placed into the role. Where a suitable alternative role is identified but is not vacant, the employee is to be Stood Off for up to 2 years. The employee will receive basic pay and any London & South East allowances where applicable if they have at least 10 years’ service. In the member’s case, the union’s legal department had argued that Network Rail had not applied the Stood Off Arrangements correctly. When considering suitable alternative roles, Network Rail only considered vacancies and not all templated roles. They also required the member to apply for roles whereas the Stood Off Arrangements state that employees should be placed into a suitable alternative role if it is vacant. This case highlights the importance of the Stood Off Arrangements to members who are unfortunately unable to carry out their substantive roles due to medical restrictions. UNFAIR DISMISSAL NETWORK RAIL WIN Union secures substantial settlement for or fo unfair dismissal and disability discrimination i i i i d If you are experiencing difficulties in the workplace and need advice regarding a potential employment tribunal claim in the first instance, ensure that you contact your local RMT representatives or regional organiser. Then complete an L2 – Request for Legal Assistance (available on- line) and send it to your regional office with all supporting documentation. RMT’s legal department, which is now firmly established and employs four solicitors, deal with virtually all cases from assessment to the case’s conclusion at a tribunal for our members across England and Wales. The legal department has also submitted claims to the Employment Appeal Tribunal. The in-house legal department continues to advise and support members in their work-related criminal cases in the Magistrates Court. This often involves defending members against false allegations made by the public of assault, false allegations of theft and alleged driving offences. Furthermore, it continues to offer tailored advice and support for bus and taxi drivers, in respect of their licensing issues, licensing appeals before the Magistrates Court, driving offences, and in respect of appearances before Traffic Commissioners. The legal department will continue to strive to deliver a first class service to all members. It is committed to provide a strong service to assist the union through the ever-changing legal landscape. It successes have grown yearly. Additionally, RMT members benefit from access to personal injury lawyers where 100 per cent of compensation is kept by members, access to a basic will service and special terms for conveyancing, probate, powers of attorney and family law related matters. EMPLOYMENT TRIBUNAL LEGAL SUPPORT If you need advice regarding a potential employment tribunal claim contact the union