Labour Research October 2007

Health & Safety Matters

“Thwarted” safety rep wins tribunal claim

An employment tribunal has awarded compensation of £11,500 to a safety rep from train drivers’ union ASLEF who was prevented from inspecting four Tube lines by London Underground.

The company was found to have “thwarted a health and safety representative in his duties”, and had “failed to ensure [its] employees’ health and safety” when it stopped rep Paul McCarthy from checking whether the lines were a safe working environment for all staff.

The tribunal ruled that London Underground’s management had “wilfully and deliberately ignored the recognised machinery” for safety inspections, and said their defence of McCarthy’s claim was “misconceived and unreasonable”.

Following the ruling, ASLEF district organiser Steve Grant said the union would “continue to defend all members’ health and safety, no matter where they work or what grade they are in”.

He added that ASLEF will be contacting London Underground to check what disciplinary action is to be taken against those responsible for compromising employees’ safety, and will ask the Health and Safety Executive to consider prosecutions.