RMT response to LU on victimisation

London Underground’s response to the RMT’s ballot to reinstate victimised rep Eamonn Lynch is not the most robust of arguments.

Perhaps Mr Ramsay would like to put out a bulletin which answers the following questions:

Why has London Underground not informed Eamonn Lynch of the result of the Appeal? The Appeal Chair told AGS Pat Sikorski and Eamonn Lynch that a decision would be forthcoming by October 29th. At the Interim Relief Tribunal on November 5th, Miss J Shepherd, LU’s Counsel, assured the Judge that a decision was expected “by the middle of next week”. That would have been November 10th 2010. So what is the result of the Appeal?

The written decision of the judge makes no bones about the decision of the Tribunal.

Judge Silversmith ruled that Eamonn Lynch was unlawfully sacked and victimised by London Underground because of his trade union activities:

In order to grant the application requested by the Claimant the Tribunal must be satisfied that there exists prima facie evidence not merely that the Claimant is likely to succeed in his unfair dismissal claim but also that his claims will succeed on the grounds that his dismissal was automatically unfair because the principle reason for the dismissal was on either (or both) trade union or health and safety grounds. Further the Claimant must establish… the Claimant’s chance of success on these ground is strong…

The Tribunal considered the following aspects of the evidence presented by the Claimant which suggested that the requirements that the burden of proof had been satisfied by the claimant.

The fact that the Claimant was following instructions given to him (albeit incorrect instructions) by staff at Network Rail and the Respondent as supported by documentary evidence…

That the Claimant had openly admitted the wrongdoing and had not concealed any facts from the Respondent.

That a comparable case which was patently of greater severity than that of the Claimant had been dealt with more leniently.

That other staff of the Respondent who had given the Claimant wrong instructions were not disciplined.

That the Claimant’s union/health and safety roles were referred to four times during the disciplinary hearing and as an aggravating factor in the decision of the disciplinary panel without apparent justification

That the Respondent’s procedures for disciplinary action were not followed correctly and in particular that a manager with whom the Claimant was known to be in dispute appeared to be involved in the decision to instigate formal disciplinary proceedings.”

What does Mr Ramsey say about the decision of the Tribunal? Does Mr Ramsey think that he and London Underground are above the law?

The RMT has lost patience with London Underground on this issue which is why the union is balloting drivers and station staff. The ruling from the judge is clear. This is an unlawful dismissal. This illegal sacking must be overturned. London Underground is not above the law; they must now reinstate Eamonn Lynch!

Drivers and station staff vote YES to reinstate Eamonn Lynch!



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