Thursday, 09 February 2012

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Cumbrian rail worker sacked for telling the truth about accident

A rail worker sacked after he blew the whistle on a boss who he said pressurised him into lying about a workplace accident is in line for a six-figure compensation payout.

Jim Glencross photo
Jim Glencross

Jim Glencross, 58, won his case against Network Rail after telling a tribunal how he and a colleague were coerced into making false statements and threatened with the sack if they ever spoke out.

They eventually did give an accurate account of the accident to a lawyer.

Their statements revealed how Mr Glencross’s fellow employee broke his leg after falling from a metal structure on overhead rail cables.

He fell because the men had used an unauthorised wooden ladder, which slipped, to support the structure rather than a stable metal clamp – a health and safety breach which Mr Glencross said was encouraged by their bosses so they could save time.

Yet his decision to tell the truth eventually cost him his job, a tribunal ruled.

Mr Glencross, who initially represented himself in his legal battle, proved that he was unfairly dismissed for revealing the truth.

He proved his point for a second time when Network Rail appealed against the tribunal ruling and lost.

The tribunal will today deliver its ruling on how much compensation he should get.

During his hearing, Mr Glencross told how in 2004 his colleague Tony Taylor broke his leg after tumbling off a scissor lift while working on overhead lines.

Mr Glencross said that he and his injured colleague were told to make written statements saying they had used the proper safety equipment to support the dismantled metal structure rather than an unauthorised wooden ladder.

When he realised the men were to make new and truthful statements, another manager asked their boss, a man called Armiger, an overhead line manager at Carlisle, to tell them he may let “sleeping dogs lie” if they agreed to not change their accounts.

Mr Glencross was also warned he would face disciplinary action over his first statement if he changed it.

The truth came out because both men refused to lie in the later statements they made for Mr Taylor’s solicitor.

But when the lawyer revealed this to the managers involved, Mr Glencross faced disciplinary measures and was eventually sacked

Commenting yesterday, Mr Glencross said: “They said I hadn’t done some paperwork properly but that was just an excuse to get rid of me.

“It’s been a very worrying and stressful time.”

Employment law specialist Adrian Melia, who represented Mr Glencross at the appeal, said: “This case reveals a culture in Network Rail which needs to be sorted out. I hear from workers all over the country who are in similar situations.”

Network Rail declined to comment until after today’s final tribunal hearing.

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