On the 5th of November 2010 a historic tribunal victory was won by Eamonn Lynch and RMT.

RMT health & safety rep, Eamonn Lynch was sacked by London Underground following an operational error on Network Rail in early August. Eamonn has an unblemished 15 year record and yet was summarily dismissed for making one mistake. It was the RMT’s contention that the real reason Eamonn was sacked was because he is an effective trade unionist and safety representative.

While Eamonn made a mistake the signaller and the control room staff who compounded his error by giving him instructions in breach of the rules were given Corrective Action Plans, ie a few days retraining. Similarly another driver on another line who made the same mistake after Eamonn’s incident, was given a 12 month caution at an LDI. The RMT’s view is Eamonn's sacking was clear cut victimisation. The Tribunal Judge agreed.

Following Eamonn’s sacking the RMT made an application to the Tribunal Service for "Interim relief". This is a very rare and exceptional remedy in employment law cases. If a trade union considers that a rep has been unfairly dismissed because of trade union activity which would make dismissal automatically unfair the union can make an application to a Tribunal for "interim relief". If the order is made the effect will be to convert the dismissal into a suspension on full pay until there can be a full Tribunal hearing.

If you win the employer is simply ordered to carry on paying you in an arrangement rather like suspension on full pay. Eamonn won the “continuation order” which means London Underground is ordered to pay his wages until the full tribunal hearing scheduled for March next year.

The standard set to win an interim relief order is much higher than a normal unfair dismissal claim and the ruling from the tribunal judge is saying that Eammon has a very good chance of winning the full tribunal.

The judge in making her ruling agrees with the RMT. Eamonn was victimised by London Underground bosses for his trade union activity.

Eamonn was represented at the Appeal hearing by Assistant General Secretary, Pat Sikorski. Pat and Eamonn were told they would get the result of the Appeal on October 29th. The union is still awaiting the result of the Appeal. The point was made by the RMT’s barrister at the tribunal that LUL were playing games with the tribunal and awaiting it’s decision.

The order from the tribunal is clear - Eamonn was victimised by LU. As one driver at Elephant & Castle said “this shows that LU are not above the law”. London Underground must now reverse this wrongful and illegal decision to sack Eamonn Lynch and reinstate him on Appeal. Even the judge said as much when making the order. If they do not, the RMT Executive has already agreed that our members will be balloted for strike action. This decision will be enacted.

Reinstate Eamonn Lynch!