RMT seeks talks to avert tube strike after driver wins unfair dismissal case

Tube union chiefs have demanded a meeting with London Underground in an effort to avert strike action after one of two drivers at the centre of an employment row won his claim of unfair dismissal.

Eamonn Lynch, a Bakerloo line driver sacked for breaking safety rules, took his case to an employment tribunal, claiming his dismissal was based on his trade union activities.

London Underground said on Friday that a meeting with the Rail Maritime and Transport (RMT) union could not be held before the tribunal released its ruling on whether Lynch should be reinstated, expected on 3 June.

The first of six planned walkouts, which threaten travel chaos for millions of passengers, is scheduled for 16 May.

The RMT has backed the case of the second sacked driver, Arwyn Thomas, who is claiming unfair dismissal after being sacked for "unacceptable and abusive behaviour" towards colleagues. His tribunal result is expected later this month.

Bob Crow, general secretary of the RMT, said: "We welcome Eamonn's victory in the tribunal and we are calling for an immediate meeting with London Underground in the light of the ruling that he was unfairly dismissed for his trade union activities.

"With the clear parallel with Arywn Thomas's case, there is now an urgent need for London Underground to meet with the RMT to set out a plan for a return to work that can avoid plunging London into two blocks of strike action that everyone knows will lead to massive disruption.

"The tribunal has found in favour of the RMT, justice has been done and now we need to meet with the company to finalise arrangements that can enable us to move forwards as quickly as possible."

An RMT spokesman said: "London Underground has no excuse not to reinstate these two drivers. It will ultimately be a decision for our executive, but if we can get these guys back to work we can move on with looking again at these dates for industrial action."

London Underground said it would study the outcome of the employment tribunal judgment and "carefully consider our next steps".

It added in a statement: "Whilst the tribunal has made a finding of unfair dismissal, it has also found that on 9 August 2010 Mr Lynch breached an established and significant safety rule and was in part culpable or blameworthy for his actions."

London Underground urged the RMT to call off the threatened strikes. Its managing director, Mike Brown, said: "As we have always said, disputes involving individuals should be dealt with through the mechanisms established for that purpose.

"While that process takes its course, there remains no reason whatsoever for the RMT leadership to seek to disrupt Londoners by threatening strike action."

The first set of strike dates are:

• 9.01pm on Monday 16 May to 11.59am on Tuesday 17 May

• 12 noon on Wednesday 18 May to 11.59am on Thursday 19 May

• 12 noon to 9pm on Friday 20 May

The second set of dates are:

• 9.01pm on Monday 13 June to 11.59am on Tuesday 14 June

• 12 noon on Wednesday 15 June to 11.59am on Thursday 16 June

• 12 noon to 9pm on Friday 17 June

The move follows a 2-1 vote in favour of industrial action over the sackings by RMT members.

They held a 24-hour strike in January over their dismissals and several other stoppages have taken place in recent months.

Lynch is the RMT's health and safety representative for Bakerloo line drivers and Thomas is a longstanding RMT activist.

Transport for London (TfL) alleged Lynch breached safety rules while Thomas was abusive towards colleagues. The RMT said Lynch had an "unblemished" 15-year service record while Thomas had been an RMT member for 29 years and both were "clearcut cases of victimisation on the grounds of trade union activity".

Brown said on Wednesday that only 29% of the 1,300 drivers balloted had voted in favour of strike action. "The RMT leadership seems determined to disrupt London and its economy over several days. As ever, London Underground and TfL will work to keep London moving if the strikes go ahead," he said.

Meanwhile, the threat of further disruption to tube travellers grew on Friday when the RMT said it would ballot Jubilee line drivers for industrial action over changes to safety procedures.