Home > Holden Verses Connex South Eastern > Tribunal Award Details

Tribunal Award Details
The full tribunal Decision - 37 pages in total - was issued on 15th April 2002 . On the Thursday and Friday of the same week 2 'Remedy' hearings were held to decide the award. The tribunal Decision listed the employment laws and health and safety regulations that Connex South Eastern had broken. It described in detail:

the "sustained campaign" that ConnexSE waged against Mr Holden in hounding him out,

the lack of any "sense of urgency or sense of realism" shown by Connex in tackling health and safety isues,

how Connex paid mere "lip service" to health and safety concerns, and

how Connex did nothing to make sure "unsafe practices or situations" were "made safe."

Problems of Fatigue Highlighted
The Tribunal statement pays particular attention to the problems faced by Connex drivers who were forced to work excessively long hours. This became a major problem following the 'Drivers' Restructuring' deal agreed between Connex and ASLEF. Drivers were loathe to report problems of fatigue to their managers, for the same reasons that they were reluctant to report sick for duty. Either course of action could lead to their losing their job. "....it was the more likely that the drivers would suffer the effects of fatigue with an adverse effect on safety."

The tribunal report shows a company who's underlying values appear to be deceitfulness and dishonesty.

The role ASLEF officials Graham Walker and Len Worboys played on behalf of Connex
The train drivers' union ASLEF does not escape criticism from the tribunal. Two of the witnesses for ConnexSE were ASLEF officials - recently retired ASLEF District Secretary Len Worboys and Graham Walker. The tribunal describes Graham Walker, a Connex Company Council member, as a "company man." He was shown as becoming part of the Connex campaign against Mr Holden. For more information about the role ASLEF officials Len Worboys and Graham Walker played on behalf of Connex, click here.

Both the tribunal's main points and the full statement are available on this site.

Aggravated Damages Awarded Against        Connex
In announcing the award, the tribunal chairman used more harsh words directed at Connex. He said the company's conduct was "wholly unacceptable." He spoke of the "campaign" Connex waged against Mr Holden for "over 12 months." He stated that Connex had "fought to the bitter end" despite the tribunal announcement against the company in February. He stressed that Connex had at no time made an apology to Mr Holden.

Loss of pay, loss of pension, basic award and loss of statutory rights totalled £31,320. The tribunal awarded aggravated damages and injury to feelings of £18,000. It is believed that this is the first time that aggravated damages have been awarded in an unfair dismissal case.