Defend Alex Mcguigan

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

Download and read the latest edition of RMT Upfront below, and distribute it in your depot.

In this edition:

• LIES, DAMNED LIES, AND UNATTRIBUTABLE BRIEFINGS
  Regular readers of “Up Front” will remember the report in August describing how Alex McGuigan was wrongfully dismissed following a false positive reading arising from an unannounced breath test. Alex’s rep proved that a number of medical conditions had affected the reading and also that the Drug and Alcohol Procedure hadn’t been properly followed....
• Night Tube By A Night Mayor
  

DISMISSAL – A. MCGUIGAN – TRAIN OPERATOR – MORDEN, LONDON UNDERGROUND (LUL/4/1)

Following the Morden & Oval Branch resolution regarding the above, the General Grades Committee took the decision to ballot all drivers at Morden for strike action and call for his immediate reinstatement (Circular No. IR/240/14, 12th September 2014).

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.