Sacked train driver wins case

Mr Kelly had been a train driver for 11 years when he was sacked

A train driver from Kent who was sacked for leaving a train unattended has won his case for unfair dismissal.

Jim Kelly, 50, had been a driver for 11 years when Connex dismissed him for gross misconduct in February 2002.

Mr Kelly, from Swanscombe, near Dartford, said he left the train at Slade Green Station because the relief driver never showed up.

He said he pulled into the north Kent station at the end of his shift and when no relief driver appeared to take over he tried to call for help using the train's radio and the signal phone.

Claims denied

He claimed neither worked so he left the train and went for help - but Connex disputed his claims.

It said he should not have left the train unattended and, three months later, sacked him.

But Mr Kelly claimed the real reason he was dismissed was because he was a "whistleblower" and complained about the company's safety record.

Connex had denied the claims, saying the driver was sacked only for being in breach of a serious safety rule.

The sacking stemmed from an incident at Slade Green station

It said Mr Kelly left the train because his shift had ended and he was eager to get home.

The train company also disputed his suggestion the train's phone did not work and said he did not do enough to call for help.

But on Friday an industrial tribunal ruled in Mr Kelly's favour.

It decided Mr Kelly was sacked because of his conduct and not because he was a whistleblower, but that Connex had not followed its proper disciplinary procedures.

The tribunal added that Mr Kelly's conduct was not sufficient for him to be dismissed.

A damages hearing will take place later in June.