Operational Effectiveness Programme – London Underground
From General Secretary Bob Crow
I write to you with regard to the above dispute where I have received reports of bullying and harassment by management of members over the above dispute where industrial action short of a strike has been called. We have taken legal advice in this matter and can confirm your legal rights which are outlined below: -
- You are protected from being unfairly dismissed pursuant to section 238A of the Trade Union and Labour Relations (Consolidation) Act 1992 for taking lawful action in the first 12 weeks of the dispute.
- Unfortunately there is no domestic remedy available at an Employment Tribunal if the employer subjects you to any disciplinary action short of dismissal. However this union believes that this is contrary to article 11 of the European Convention of Human Rights and would consider taking this matter up if you were subjected to any detriment as a result of taking disciplinary action.
- You are also protected by section 44 (e) of the Employment Rights Act 1996 which states that you should not be subjected to any detriment, when in circumstances of danger which you believe to be serious and imminent, you take steps to protect yourselves and others. We have written to the employer and advised them that we think the new Operational Effective Programme does constitute a serious and imminent danger for each employee and therefore if you are subjected to any detriment as a result of not acting in a manner consistent with what is required under that policy, they would be in breach of this provision.
Any threats or intimidation by management should be reported to your representatives as soon as possible. Please be advised that should any member be targeted we will use all legal and industrial means to defend them.
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