Tribunal order on Eamonn Lynch published - LU is not above the law!

On November 5th 2010, the RMT won a landmark case for health and safety rep Eamonn Lynch at an Interim Relief Tribunal when the Judge awarded a "continuation order". This ruling by the judge means that the view of the Tribunal was that Eamonn had been sacked and victimised by London Underground on the basis of his trade union activity. To sack someone in this way is an unlawful sacking, and is viewed in employment law as an "automatically unfair” dismissal; this is akin to sacking someone on the basis of their race, sex or sexuality.

Today, RMT solicitors were provided the full judgement of the Tribunal.

In the excerpts below, the “Claimant” is Eamonn Lynch, the “Respndent” is London Underground.

The judge ruled that:

“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.”

The Judge was convinced that Eamonn would be able to show a full tribunal that not only was it an unfair dismissal, but that it was an automatically unfair dismissal due to his trade union activities.

The Appeal hearing was held on October 25th 2010, with an assurance by the Appeal Chair that Eamonn and the union would be informed of the result by October 29th.

The decision of the appeal is still outstanding. LUL has stated in writing to General Secretary Bob Crow that neither the Appeal Chair nor LUL had ever indicated to either the AGS Pat Sikorski or Eamonn Lynch when a decision would be forthcoming. This is despite the fact that at the Interim Relief Tribunal on November 5th, Miss J Shepherd, the Respondents Counsel, assured the Judge that a decision was expected “by the middle of next week”. That would have been November 10th 2010. The RMT and Eamonn Lynch are still awaiting the result of the Appeal.

The written decision of the judge makes no bones about the decision of the Tribunal. Eamonn Lynch was unlawfully sacked and victimised by London Underground because of his trade union activities.

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.

It is unlawful to sack an employee because of his/her trade union activity. This is lex terrae - the law of the land.

London Underground is not above the law; they must now reinstate Eamonn Lynch!