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HOLDEN VERSES CONNEX SOUTH EASTERN
INDUSTRIAL TRIBUNAL DECISION ANNOUNCED:
CONNEX IN BREACH OF EMPLOYMENT LAWS
Friday 15 February 2002.
The reasons for the Tribunal decision were announced at the Croydon Employment Tribunal -

• Whilst Mr Holden as a Health & Safety representative raised safety concerns, no one at Connex South Eastern undertook adequate investigation to find if these concerns were justified.
  
• Connex South Eastern was less concerned about the safety of its staff and passengers than in its public image and cost savings.
  
• At the disciplinary hearing involving Mr Holden's report to the Railway Inspectorate, it was found that there had been no proper inquiry, no proper findings, and that the hearing was used to shut him up.
  
• That Connex South Eastern had misused the Managing For Attendance (sickness) Proceedures in that Mr Holden had been kept on an extended Final Warning contrary to the Procedures.
  
• Connex South Eastern had given Mr Holden disciplinary charges for minor incidents.
  
• Connex South Eastern had reached the 'ridiculous' stage of having 6 to 7 Final Warnings outstanding against Mr Holden.
  
• Connex South Eastern had put pressure on Mr Holden to leave.
  
• The conduct of Connex South Eastern was such that Mr Holden was entitled to treat his Contract of Employment as fundamentally broken.
  
• The reason for the dismissal was the submission of the report to the Railway Inspectorate, in breach of the Employment Rights Act s100 and s103A.
  

The full Tribunal statement will be issued in approximately 2 weeks.


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