Our Ref: LUL/4/1

16th October 2019


Dear Colleague


Your colleague Brother Glen Plaister was summarily dismissed in June 2019 and is awaiting the outcome of an appeal, due to a failed random D&A test in December 2018. Having considered the case our National Executive Committee has some serious reservations about how the disciplinary was conducted.

Brother Plaister has a previously unblemished disciplinary record and a perfect attendance record. He has accounted for failing the D&A test due unknowing ingestion; that his drink being spiked on the Friday night previous to the test. During his CDI a comparator case was submitted from Southeastern Railways where a worker had won an employment tribunal against the company, where it was determined that the employer should not have ruled out the possibility of unknowing ingestion. A further comparator case was used from ex-Tubelines/London Underground where a worker who tested positive for a banned substance was given a final written warning by the CDI panel as they accepted his argument of unknowing ingestion.

Your National Executive Committee believes the summary dismissal of Brother Plaister is unfair. There are legitimate concerns about the arbitrary discounting of evidence as well as the severity of sanction when the decision is compared to similar cases. Accordingly your union is seeking a Director’s Review of the disciplinary. Your union will also be support Brother Plaister in any Employment Tribunal claim lodged about this unfair decision. I have informed London Underground that we are now in dispute with them about this case and should Brother Plaister’s appeal result in anything less than re-instatement we will ballot our members for industrial action.

I will keep you advised of further developments.

Yours sincerely

Mick Cash
General Secretary