Information about the discredited, disgraced and now defunct Connex South Eastern
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Home > Holden Verses Connex South Eastern > Tribunal Award Details
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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.
  • Counsel for Mr Holden applied for Connex to pay towards legal costs. Counsel for Connex countered that Mr Holden should pay Connex costs on 2 counts. The latter was thrown out. The tribunal agreed that Connex should pay 5000 towards costs. The total award was therefore 54,320, slightly more than the total legal costs.

    The Tribunal published on the previous evening (18th) its rejection of Mr Holden's claim based on 'mitigation of loss,' the section of the claim that had lead to speculation of higher figures than were finally awarded.

    Initially appeals were lodged by both sides. These were later withdrawn with the signing of an agreement settling the case - on 11th October 2002.

    Holden Verses Connex South Eastern > Tribunal Decision Main Points

    Holden Verses Connex South Eastern > Full Tribunal Decision

    Holden Verses Connex South Eastern > Chairman's February Statement

    Holden Verses Connex South Eastern > February's Press Statement

    Tribunal Award Details> Holden Verses Connex South Eastern > Home


    Connex loses the South Eastern franchise