Union activist wins victimisation case

Union members who are disciplined for things that they do in the context of industrial action should be able to claim protection against victimisation, according to a recent tribunal case.

Lee Dickinson, an RMT transport union rep who works for Arriva Trains Northern, was transferred to another location following a misconduct charge. The charge was based on comments he was supposed to have made about colleagues and managers while involved in strike action.

The transfer meant that he could no longer represent his members. He successfully argued in the tribunal that even if tempers do get frayed during a dispute and consequently things might be said which would not be normal in the course of work, this is not enough to result in union activists being disciplined.

The tribunal was in no doubt that the real reason for the disciplinary action was to prevent Dickinson from being active in the union. As a result of the tribunal ruling Dickinson has been reinstated in his old job.

Labour Research would like to thank barrister Gary Morton, who acted for Dickinson, for bringing the case to its attention.