Attendance and discipline
Northern Line tube drivers are to take industrial action on Monday morning (December 1st) to demand the reinstatement of Alex Mcguigan who was sacked as a result of a flawed alcohol test. Alex is a type two diabetic, a condition which can quite often result in a false positive test result for alcohol. This is well documented medically and there is also legal precedent supporting his case. Because of this his test ought to have been followed by a confirmation urine test to ascertain whether his illness had in fact influenced the test, resulting in a false positive.
DISMISSAL – A. MCGUIGAN – TRAIN OPERATOR – MORDEN, LONDON UNDERGROUND (LUL/4/1)
Further to previous Circular No. IR/282/14, 23rd October 2014, the ballot has concluded and the result is as follows:-
Question: Are you prepared to take strike action?
Total Votes Cast… 58
Number Voting ‘Yes’… 45
Number Voting ‘No’… 13
Spoilt Papers… 0
Click 'attachment' / file name to download a leaflet. Please distribute around your workplace.
London Underground Ltd has sacked Bank group CSA Vicky Hayward, despite having no evidence against her.
Vicky had an accident at work. But a manager decided that he did not believe her, and says that the CCTV did not show the accident. But neither Vicky nor her rep were able to see the footage, which was destroyed.
If LUL gets away with this, it could be you next time.
Following discussions earlier this year, where RMT raised concerns over the use of Corrective Action Plans and Performance Improvements Plans (PIPs) leading more often than not, to the application of the Discipline at Work Procedure, the Company withdrew the interim guidelines that had been put in place. They have since revisited the temporary guidelines in order to give managers a broad approach but these guidelines no longer make reference to the Discipline at Work procedure.
Further to my previous circular dated 14th August 2014 (IR/208/14) the GGC had considered a resolution from Central Line East Branch over the use of CCTV in a disciplinary case. Despite using CCTV evidence against the member, this evidence was not made available to her rep in order to argue her case. Unfortunately LUL has since decided to dismiss this member who is Sister Vicky Hayward.
GGC decision, 30 September
That we note with regret that on 29 September, London Underground Ltd summarily dismissed Sister Vicky Hayward. We are shocked and appalled that the company chose to disregard all the arguments and evidence that Sister Hayward and her representative put forward, and persisted in using managers' statements as to what they had seen on CCTV footage as "evidence" despite the actual footage having been destroyed.
We note the legal advice received, which confirms that LUL's actions are in breach of data protection law and employment law.
Alex McGuigan, a popular and long standing member from Morden depot recently fell foul of a random breathalyser test and was summarily dismissed. There the story might end, but in Alex's case however, there is a lot more to it.
The GGC has considered a resolution from our Central Line East Branch concerning the use of CCTV footage in a disciplinary case. The Branch highlighted a case where evidence against a member was sourced from CCTV footage but this was not made available to the rep who was representing the member.
Venue: Old Palace Yard, Westminster, SW1P 3JY
Urgent: Demonstration tomorrow in solidarity with ISS cleaners
09.00 Tuesday 8th July Old Palace Yard (opposite Parliament)
You will be aware that we are still in dispute with ISS over their plans to impose a Biometric Fingerprinting system to book on for duty. We had reached agreement that the company would allow the old booking on system for two weeks while we continued to talk. These talks have unfortunately failed to reach agreement.
London Underground were today notified that we are in dispute and all LUL Fleet members will be balloted for industrial action over the appalling treatment of LU Fleet member Brother Ainsley McKoy.
Brother McKoy has had disciplinary action instigated against him by a COO manager outside their sphere of influence, without any involvement or input from Fleet management. We believe this has serious implications across the whole of Fleet and in particular Call Point Train Maintainers where a manager in another function can feel at liberty to discipline a Fleet member.