Train driver at centre of strike wins sacking case

A train driver whose demotion to ticket inspector sparked a rail strike causing prolonged disruption for travellers in south-east England has won his claim for unfair dismissal.

Greg Tucker, 47, said he was victimised by South West Trains for his union activities and demoted after exceeding a train speed limit by 7mph.

Mr Tucker, a member of the Rail, Maritime and Transport union, was disciplined after being accused by the company of "serious safety lapses".

In January RMT members staged a two-day strike in protest at the demotion, during which nine out of 10 South West services were cancelled and up to 200,000 passenger journeys a day were disrupted. It cost the company an estimated £9m.

But yesterday an employment tribunal in Croydon, south London, ruled that Mr Tucker was unfairly dismissed and criticised some of the evidence against him for being "implausible".

The tribunal also agreed that Mr Tucker had been singled out for his trade union activities and that his errors had not posed any danger.

Mr Tucker said yesterday: "It has taken well over a year, but I have been completely vindicated by this ruling. I expect the company to reinstate me as a train driver."

South West Trains told the hearing that Mr Tucker had been speeding after returning to work in June last year following a month's leave to stand in the general election as a Socialist Alliance candidate. On his first day back, on 10 June, a black box recorder on his train showed Mr Tucker had reached 96.7mph for more than two miles on a stretch of line between Waterloo station in London and Brockenhurst, Hampshire, where the limit is 90mph. In another incident, the black box allegedly recorded the train doing 43mph in a 40mph zone at Clapham Junction.

Days before a disciplinary hearing last July, Bob Crow, who at the time was assistant general secretary of the RMT, met the managing director of SWT to plead that Mr Tucker be "treated like any other employee". The hearing was aborted, but the following month an SWT manager recommended that Mr Tucker, who had earned many good assessments as a driver, be downgraded. He said: "There are a whole myriad of incidents recorded against you relating to your attitude."

John Hendy QC, for the RMT, said at the tribunal that Mr Tucker had been treated more harshly than other SWT workers. One driver, he said, had received only a written warning after driving at 101mph in a 90mph zone.

In a separate tribunal decision announced yesterday, it was found that another South West Trains employee, Paul McDonnell, had been unfairly sacked. Mr McDonnell, an RMT member, was fired after being accused of intimidation and harassment following industrial action in January this year. He said: "It is a relief to have cleared my name of this outrageous charge and of course I shall be looking for reinstatement."

Mr Crow, now general secretary of the RMT, said: "South West Trains should now do the honourable thing and reinstate both Greg and Paul. The company has made a habit of targeting union activists for disciplinary action and it is clear that they need to review their whole approach to industrial relations and get us back on a more sensible footing."

A spokeswoman for SWT said it was "very disappointed" by the tribunal ruling on Mr Tucker and the company was considering an appeal.