In Mr K Dempsey v London Underground Limited an employment tribunal has ruled that an advanced train maintainer working for a division of London Underground was subject to detrimental treatment by his employer after being suspended for raising continued health and safety concerns relating to protected disclosures.
The case, which was heard at Watford Employment Tribunal was brought by Kyle Dempsey, who had been employed by London Underground since 2003 and was working with its ‘TransPlant’ division.
The division is responsible for providing engineering trains along with plant and equipment to support maintenance renewal and the upgrade of London Underground tracks, trains, signals and other infrastructure.
The employment tribunal heard that Dempsey was an elected health and safety representative for the National Union of Rail, Maritime and Transport Workers (RMT) and was ‘about to make representatives over serious safety issues regarding protection’ at a Tier 2 meeting when he was informed he was suspended just before the meeting commenced.
The tribunal concluded:
“….. the main purpose in suspending the claimant was a desire on Mr Davis’ part to remove the claimant from his role as the trade union representative due to his previous union activities in bringing …[safety concerns] .. to his employer’s attention and to prevent the claimant from raising continued health and safety concerns in respect of [these issues at a health and safety meeting].”
The tribunal also concluded that Mr Dempsey was suspended by management due to him making protected disclosures concerning health and safety.
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