ASLEF Circular to LUL Members

19 August 2005

Central Line derailment - ASLEF calls for public inquiry





Fellow Members,




Following this incident we have sent a newsletter to all our Members on LUL which includes the following advice:



Advice to Members


Under the Employment Rights Act 1996, as amended, employees have the right not to be dismissed, selected for redundancy or subjected to any detriment on the following grounds: -


· The employee left, or proposed to leave, or (while the danger persisted) refused to return to his or her place of work, or any dangerous part of it, in circumstances of danger which he or she reasonably believed to be serious and imminent, and which the employee could not reasonably have been expected to avert

· The employee took, or proposed to take “appropriate steps” to protect himself or herself or other persons in circumstances of danger which he or she reasonably believed to be serious and imminent.


This is explained in “Harvey on Industrial Relations and Employment Law” that:


“…(in) the case of the employee who believes himself to be in serious and imminent danger and who on that account quits work. The employee’s belief must be both genuine and reasonable. If he cannot reasonably avert the danger, then he is entitled betake himself out of harms way. The employer must not victimise him for leaving the area of danger, or for proposing to leave it, or for refusing to return while the danger lasted.”



Case law has established that an employee’s reasonable concerns may also cover serious and imminent danger affecting members of the public.



ASLEF Action taken to date


ASLEF have written to the HMRI stating that we wish to see a public inquiry into the crash at Chancery Lane. We believe we have evidence that culminated in a systems failure in this incident that should be reflected into an inquiry into the LUL safety regime as a whole.


A public inquiry is necessary, as valuable lessons need to be learned.


We have also informed The Rt Hon Alistair Darling MP, Secretary of State for Transport that PPP on LUL should be suspended until this inquiry looks at these investigations



We will keep you informed of any progress with this matter.



Please bring the contents of this circular to the attention of your members



Yours fraternally




General Secretary

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