SIGNALLER WINS UNFAIR DISMISSAL CASE

RMT helpline 0800 376 3706 :: march/april 2024 :: RMTnews 26 LEGAL A Bristol Employment Tribunal recently upheld a claim by long-standing RMT member and signaller Alex Seal for unfair dismissal and wrongful dismissal against his former employer, Network Rail. The RMT legal department represented Alex who had over twenty years of service with Network Rail and was most recently employed as a signaller in the Exeter panel box. As a signaller, Alex was acutely aware of the potentially devastating consequences of poorly planned work and he began to feel under increasing pressure to grant what he considered to be unsafe line blockages. Alex tried his best to draw his employer’s attention to the safety concerns he had, but felt he was criticised and pressured to be more accommodating in granting line blockages in the future. For example, during 2019, Alex declined to grant a line blockage on safety grounds. This prevented work from being carried out and cost the business money. He was placed on a Development Action Plan as a result. After this experience, Alex was absent from work for a few months suffering with a deterioration to his mental health. He took the step of raising his safety concerns with his line manager in writing. He did not receive a response. Alex returned to work in early 2020 but felt that his concerns remained unaddressed. He continued to raise his concerns via various means, including Work Safe and Close Calls. Alex was eventually dismissed following allegations of gross misconduct. He had made some comments at work regarding safety concerns which he had. These comments had been borne out of frustration that had built up over a number of years. Alex described becoming desperate and felt pushed to the limit. He felt that there was no way of stopping something terrible happening, due to what he considered to be poorly planned work. He described that at the time he made the comments for which he was dismissed, he was crying out for help. Alex pursued claims for whistleblowing, unfair dismissal and wrongful dismissal against Network Rail for over 18 months. He was supported throughout by his union representative Wayne Dixon. Wayne also gave evidence to the Employment Tribunal that Alex was a conscientious signaller who was clearly passionate about the safety of the railway and that he needed help, not to be dismissed. It was clear to Wayne that the language used by Alex had been due to his anxiety and increasing frustration. Alex faced difficult cross- examination but gave his account honestly and succinctly during the five-day hearing. The union was pleased to learn that Alex is now happy in a new and rewarding role on the South Devon heritage railway. 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 SIGNALLER WINS UNFAIR DISMISSAL CASE