Nick Toms has secured a finding by an employment tribunal that his client was subject to detrimental treatment through him being suspended by his employer London Underground Ltd
Nick Toms, a member of the Doughty Street Chambers Employment and Discrimination team, has secured a finding by an employment tribunal that Mr Kyle Dempsey, a prominent RMT shop steward and health and safety representative, was subject to detrimental treatment through him being suspended by his employer, London Underground Ltd, to deter him from carrying out his trade union health and safety activities. 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. These are serious and devastating findings against an employer in the railway industry where safety is so critical. Strong and effective trade unions are vital in our society and their representatives need protecting in the way the employment tribunal has done here through this decision.