Transport for London response to the Employment Tribunal decision in respect of Eamonn Lynch

06 May 2011

Mr Lynch was dismissed after breaching established safety rules by driving his train with a crucial safety mechanism, designed to prevent the train from passing through signals at danger, isolated.

London Underground Managing Director Mike Brown said: 'As we have always said, disputes involving individuals should be dealt with through the mechanisms established for that purpose.

'While that process takes its course, there remains no reason whatsoever for the RMT leadership to seek to disrupt Londoners by threatening strike action.  

'The RMT leadership should immediately call off its strike threat, backed by only 29 per cent of its balloted members.

'We will, of course, study the Employment Tribunal judgment and carefully consider our next steps. 

'Whilst the Tribunal has made a finding of unfair dismissal, it has also found that on the 9 August 2010 Mr Lynch breached an established and significant safety rule and was in part culpable or blameworthy for his actions.'

The RMT leadership has named two sets of strike dates notwithstanding the fact that a process already exists to deal with individual disputes. 

The action is designed to affect a full week's Tube service - with the first starting on 16 May and the second starting on 13 June.

This is despite only 29 per cent of the 1,300 drivers balloted voting for this strike.

Arwyn Thomas, the other driver named by the RMT in their strike threat, was dismissed for unacceptable and abusive behaviour towards colleagues.

A full investigation was carried out as part of the disciplinary process, and union membership had absolutely no bearing whatsoever on the decision to dismiss him. 

TfL will simply not tolerate aggressive or bullying behaviour towards it's passengers or staff.

In both cases, the tribunal processes are still ongoing, with Mr Thomas' tribunal yet to be heard.