Tube worker Dayna Nembhard was racially abused in a branch of fast food outlet KFC after a shift at work on London Underground. She defended herself, was arrested but later released without charge.
Nonetheless her boss demanded CCTV footage from the KFC and took witness statements. Dayna has since been sacked.
Dayna was not at work when the incident took place, and not in uniform; and the “incident” consisted of Dayna defending herself against racial abuse. Yet London Underground have seen fit to dismiss her.
Dayna’s union, the RMT is demanding reinstatement, not just compensation.
LU makes much of its reputation as a diverse employer, but its record leaves much to be desired. LU was found guilty of racial discrimination by an employment tribunal for sacking Jerome Bowes off the Bakerloo Line in 2008. RMT rep Elaine Holness, spoke out about LU’s discrimination at Jerome’s tribunal. Her white manager then put in a grievance, accusing her — a black woman — of racially harassing him! This treatment eventually cost Elaine her job.
In 2008, RMT discovered LU was paying out an average of £4,000 a day in employment tribunal settlements. That shows that LU was systematically discriminating against and mistreating workers, paying out compensation as if it was a “business cost”.
LU will expect Dayna’s case to go to employment tribunal. They will be happy to pay out compensation.
RMT activists are planning a campaign, up to and including strike action, to tell LU bosses that they will not get away with paying Dayna off. They must reinstate her.