We note that London Underground Ltd dismissed Train Operator James Masango in 2011, before a strong response from this union achieved his reinstatement. We note that RMT complained to the Office of Rail Regulation: firstly, about James’ alleged responsibility for the SPAD; and secondly, that James had been compelled to drive when unfit to do so.

We note the report from HM Principal Inspector of Railways Keith Atkinson in response to our complaint, which found that:

• “the case of James Masango’s alleged SPAD does not appear to have been handled in the systematic manner I would have expected from LU”
• “there is undoubtedly room for more structured arrangement between managers and their staff for ensuring clear understanding of an individual’s fitness or otherwise to operate trains”

We further note that the Inspector has recommended to LUL that it carry out two reviews, into its procedures for designating:

1. SPADs; and
2. drivers’ fitness to operate trains

We believe that this report vindicates RMT’s criticisms of LUL’s handling of this case. We reiterate our insistence that no transport staff be compelled to work duties for which they are unfit; and that staff not be blamed for safety incidents which are not their fault.

We therefore instruct the General Secretary to:

1. send a copy of this report to our London Underground Tier 2 Trains Health and Safety representatives, Trains Council representatives, branches with London Underground members, London Transport Regional Council and its Train Grades Committee, and place in front of us any comments from these bodies about this issue and how we should pursue it;
2. ensure that RMT representatives participate fully in the reviews proposed by the ORR, and to
   place regular reports of the reviews’ progress in front of us;
3. send a personal letter by post to all our London Underground driver members outlining this issue, and explaining the potential progress that RMT has achieved for drivers through its persistence over this case;
4. include an article in RMT News.

   All Regional Councils and branches to be advised.