General Grades Committee decision:

We note that the Employment Tribunal found on 17 August that London Underground dismissed Victoria line driver James Masango unfairly, that London Underground unreasonably required him to drive a train when he was not fit to do so, and that James made no contribution to his dismissal. This is a shocking case, in which LU management’s determination to force its employees to work whether or not they are fit to do so has resulted not only in an unfair dismissal but in putting the travelling public in danger.

We insist that London Underground reinstate James immediately. He is the victim of a gross injustice and should not be made to wait any longer for this injustice to be reversed. We note our recent agreement with London Underground regarding individual cases, and insist that the LU Managing Director meet with our General Secretary without delay in order to arrange for James’ return to work.

We note that the Remedy Hearing has been scheduled for 3 October, but that the judgment states that the Remedy Hearing will be held “In the event that the parties are unable to come to an agreement”. We insist that such an agreement is reached, and that the only agreement acceptable to us and our member is full reinstatement.

Should the LU Managing Director fail to do this within seven days, we instruct the General Secretary to carry out the wishes of our Finsbury Park branch and launch an information campaign similar to that run for other members sacked unfairly by LU this year, to include personal letters and emails to members, raising the case with our Parliamentary group, and informing the press of the details of this shocking case.

We also endorse the view of our Finsbury Park branch that such a campaign should lead towards industrial action, beginning with our train grades membership and escalating if necessary to all London Underground members. We instruct the General Secretary to make the necessary preparations for a ballot for industrial action and to obtain from the Regional Organiser a report as to when it would be appropriate to commence such a ballot.

We further instruct the General Secretary to urgently obtain legal advice as to the prospect of legal action against London Underground for breach of health and safety law.

Further, we support the view of our Finsbury Park branch that London Underground’s disciplinary process is now in disrepute, and instruct the General Secretary to ensure that this union tables to the next meeting of the Company Council our demand for an urgent review of this disciplinary process.

London Transport Regional Council and branches with London Underground members to be advised.