Our Ref LUL/4/1
29th April 2021
TO ALL LONDON UNDERGROUND TRAIN OPERATORS AND OPERATOR INSTRUCTORS
DISMISSAL, ADRIAN MITCHELL - LONDON UNDERGROUND
I have received a resolution from our Piccadilly and District Line West Branch, advising the union of the LUL’s decision to dismiss Adrian Mitchell. Brother Mitchell has been involved in a traumatic incident and after this the company have proceeded to dismiss him on entirely spurious grounds.
Brother Mitchell has been found to have committed gross misconduct after a passenger had stumbled against their train as it departed the platform. Following such a traumatic incident Brother Mitchell should have expected both care and consideration for his wellbeing from LUL. Instead, the actions of the company have been draconian and detrimental, and disregarded the company’s own policy of open disclosure.
Brother Mitchell has attended three separate Fact Finding interviews subsequent to the harrowing incident, and cooperated with candour consistent with open disclosure. During the second Fact Finding interview management categorically stated that the evidence relating to the incident had been disclosed and asking for Adrian to comment. The assurance was given that this was the only evidence that would be used, and so Brother Mitchell sought to provide comment on the facts as they were presented to him.
At the third Fact Finding interview, Brother Mitchell was told that his statement given upon invitation and with the assurance provided by management that he was commenting on all the available evidence at the earlier interview would now be used against him and completely different CCTV images were presented. This is a completely cynical manoeuvre squarely at odds with the principles of open disclosure where evidence should be presented honestly and in good faith. Instead, evidence was held back, and Adrian was invited to comment on only part of the available evidence seemingly to give the impression that he had changed his mind to the comments at the earlier interview.
This is a completely appalling tactic for management to employ and could be used against other LUL members at any time. It is totally unacceptable and only demonstrates the clear contempt for fair and due process management is capable of.
The Union's National Executive Committee has considered this matter and has noted the concerns raised by our Piccadilly and District Line West Branch. The dismissal of Brother Mitchell on entirely spurious grounds threatens the ability of every LUL Train Operator to conduct their duties without fear of summary dismissal. Adrian has adhered to the rules and procedures laid out by LUL but nevertheless was found to have committed gross misconduct.
LUL are consistently applying an aggressive punitive approach that is wholly unwarranted in disciplinary matters. This union will not stand for this and is committed to fighting to secure the reinstatement of Brother Mitchell. I have also been instructed to prepare a ballot matrix of all LUL Train Operating members on the District Line, should the NEC request members are balloted on this matter. These preparations are now underway.
A ballot matrix of all LUL Train Operating members is also being prepared in readiness for escalating action to defend Brother Mitchell, should this be necessary to secure his reinstatement.
I trust this keeps you fully advised, and I will update you on all further developments.