Your legal rights

<img src="/sites/default/files/justice.jpg" align="right" width="100" hspace="5" alt="scales of justice">Different companies may have different policies, but the law gives you a minimum of rights in various aspects of your employment. In our view, your legal rights are not good enough, but some of them are useful, and it is good to know what they are!

If you think that your employer is breahcing your legal rights, contact RMT immediately.

Criminal Injuries Compensation Scheme

From General Secretary Bob Crow

Further to Circular NP/082/12 dated 3 April 2012, I am pleased to inform you that last night the Government announced that it was withdrawing its plans to remove most injuries from the Criminal Injuries Compensation Scheme. This follows intense lobbying by the Union, working with the RMT Parliamentary Group and the submissions put in by Thompsons Solicitors and John Hendy QC on our behalf.

RMT Secures Landmark Legal Victory For Victimised Members

Transport union RMT has hailed an employment tribunal ruling that bus company Arriva unlawfully discriminated against two employees because of their RMT membership.

Marcus Farr and Len Graves were harassed, disciplined and threatened with the sack by Arriva because they wore high visibility vests with the union logo on.

The tribunal ordered Arriva to pay the men compensation, including aggravated damages to Mr Graves, and to pay the union its legal costs.

Employment Tribunal Changes - What They Mean And How To Defend Against Them

You can download the flyer below - please print and distribute amongst comrades

The RMT's London Transport Regional council has organised a meeting for members to discuss the changes to Employment tribunals - one of many attacks from the Tories on workers. The meeting will also discuss how these and further attacks could be defended against.

The meeting will cover what every RMT rep, activist and worker needs to know and what can be done in the face of further Tory attacks designed to make it even harder to fight for justice in the workplace.

The meeting takes place at The Exmouth Arms on Tuesday 25th of September at 5pm.

Disability Discrimination Tribunal 2010 - London Underground v Vuoto

This article is about an important Employment Tribunal decision regarding a claim of disability related discrimination. The claimant, a London Underground ticket office worker, won the tribunal and following appeal.

"Appeal by Respondents against ET's findings on disability related discrimination, reasonable adjustments and unfair dismissal. No error of law found in ET's reasoning or decisions on these claims. Given their findings of fact, they were held to be entitled to find in the Claimant's favour and their judgment was held to be sufficiently reasoned. Appeal dismissed."

Continue reading to see the case in full.

The Agency Workers Regulations And The Swedish Derogation

According to the TUC, the Swedish Derogation is: “an option written into the EU Temporary Agency Work Directive that allows member States to insert a provision into their transposing legislation that says that where an agency worker is directly employed by an agency they are not protected by the equal treatment provisions in the Directive. The UK Regulations, which come into force in October, make use of the “Swedish” derogation.

RMT To Take Legal Advice On Whether Brother Petrit Mihaj's Employment Tribunal Success Against Sodexo Can be Used To Benefit Other Workers

"We...believe that the judgment in Mihaj vs Sodexo may be very useful for members in other companies"

We note with concern the correspondence advising that Brother Mihaj had not received the payment ordered by the Employment Tribunal within the required timescale, but note that he has now received the payment.

We further note that Brother Mihaj was successful in his Employment Tribunal application on the grounds that his employer did not use discretion in his case despite the contract of employment stating that discretion applied. We note that many employers routinely act in a similar fashion, for example refusing payments or applying disciplinary sanctions without exercising the discretion the contract or policy includes.

Contract Of Employment –

From RMT General Secretary Bob Crow

I have received reports that agency workers employed by engaged on Grand Central Railways and London Underground’s Bakerloo Line contracts have not been paid for the second month running and have been excluded from the Agency Worker Regulations by, who are using the Swedish derogation contract model to employ our members.

Action Plan For Proposed Legal Changes To Employment And Personal Injury Cases

From RMT General Secretary Bob Crow

I refer to my Circulars Nos 095 and 076. 2012 notifying you of the proposed Legal changes in Employment and Personal Injury cases.

Your Council of Executives have begun to consider the impact of these changes upon this Union; in fact we are probably the first Union to involve and inform our members.

These changes are without a doubt massive Con/Dem attacks on employment laws for workers. At our June 2012 Statutory Meeting your Council of Executives approved and adopted the following Action Plan.