Personal Thanks For Your Support
T/Op E&C DT
As you are aware, I was summarily dismissed from LUL on October 13th 2010.
This letter is my chance to set out the facts of the case rather than the half truths, rumours and spin LUL have chosen to fill the media with.
On August 9th my train had a defective trip cock at Stonebridge Park. When this incident was being investigated, I was given assurances by Bakerloo senior managers that my job was not on the line and I would face a misconduct charge at the most.
When I was sent to CDI on a gross misconduct charge, the message from Bakerloo managers was still that I would not be sacked. To my horror and despair, the panel summarily dismissed me for gross misconduct on October 13th 2010.
RMT`s solicitors took LUL to an “interim relief tribunal” on November 5th where the Judge found in my favour - that LUL had unfairly dismissed me for the following reasons:
• I was following instructions from both Network Rail and Bakerloo Service Control, supported by documentary evidence.
• Those giving these instructions were not disciplined in any way.
• A comparable case of greater severity was dealt with more leniently.
• My Trade Union activities were referred to 4 times during the CDI and quoted as an aggravating factor in the CDI panel decision.
• LUL`s own procedure for discipline was not correctly followed and in particular a senior LUL manager, who was known to be in dispute with me was heavily involved in the decision to instigate formal disciplinary action.
An appeal against dismissal was heard by Chris Taggart on October 25th 2010 with a decision promised by the 29th. The decision to uphold dismissal was finally handed down on December 3rd. Indeed, part of the judgement said that re-grading (being dipped) was not a possibility because of the job cuts as there were no vacancies available.
Despite the Employment Tribunal judgement of automatically unfair dismissal, LUL have refused to reinstate me.
The union lodged a Directors Appeal on December 10th 2010. I have been informed that senior managers on the Line were telling drivers that the Directors Appeal was lost. Some drivers were conned by this taking the view – ‘what is the point in taking strike action if Eamonn has lost the Directors Appeal’. I can inform you that to date there has been no Directors Appeal and I have not been informed of any decision.
The union’s campaign to reinstate me is not just about my future employment with London Underground - to sack someone for one mistake in fifteen years whilst following instructions from their managers means that not one driver on the Line is safe.
I fully appreciate that there was massive pressure on all drivers from management about the latest strike action and I want to take this opportunity to thank you all for your support and the strike action that many of you have taken over the two days called by the union.
I am sincerely grateful for your support.
I am proud to have your support and your solidarity. I am proud to be your work mate and friend.