A former train driver’s attempt to sue railworkers’ union Aslef for the return of his union dues claiming they breached their contract by not representing him properly has failed at Dundee Sheriff Court.
Charles Lamont’s small claims action was dismissed by Sheriff Young, who found Mr Lamont had failed to prove the existence of a legally-binding contract between the union and its members.
He also failed to provide evidence the union had rules which would have allowed him representation when he was appearing as a witness at another employee’s disciplinary action.
The case came about after Mr Lamont left his job in 2011 after being subjected to sectarian abuse and cruel taunts by colleagues over the murder of Dundee woman Elizabeth McCabe.
Charles Lamont had a brief relationship with Elizabeth McCabe, who was found dead at Templeton Woods in Dundee on the eve of her 21st birthday in February 1980.
It is believed he secured a six-figure sum from ScotRail before the case proceeded to an employment tribunal hearing.
Mr Lamont, 56, of Dundee, says Aslef’s most senior Scottish official dismissed the bullying as “workplace banter” and said Kevin Lindsay took the bully’s side against him.
Mr Lamont, who was interviewed by police over the Templeton Woods murder, says he was forced to leave his job as a train driver after notes were left on his locker calling him “murderer”, “strangler” and “ripper”.
He told the court George Beith was his “tormentor” and had called him a “p*** b******”, among other derogatory sectarian terms.
The former train driver said Mr Beith had “sabotaged his trains” and accused Aslef and Mr Lindsay of “subterfuge” in their dealings with him.
He said he hoped to show the court Kevin Lindsay “treated me in a totally different manner to other Aslef members” and added despite the union’s mission statement, which he said was on their website and showed they were against racism, sexism and sectarianism, Mr Lindsay dismissed his ordeal as “banter.”
Mr Lamont described Mr Beith as a “sectarian bigot” who was disciplined by ScotRail despite Mr Lindsay having fully backed him at the disciplinary hearing, while at the same time ignoring Mr Lamont’s request for union representation at the same hearing.
During Wednesday’s evidence Mr Lamont also claimed Mr Lindsay had breached a confidentiality agreement not to divulge information relating to Mr Lamont’s workplace affairs without written permission, by telling another union member about the case.
He said the union’s intransigence during the period was “affecting not only my health and safety but of all the travelling public” who used his trains and resulted in him losing his job.
Solicitor Patrick McGuire, for Aslef, accused Mr Lamont of staging a “heist” that had gone wrong after his original claim for more than £15,600 (which included his legal fees for the tribunal case) had been reduced now to just £319.
Dismissing the action, Sheriff Young said: “This was a contract dispute” and ruled Mr Lamont had failed to provide evidence of the existence of a contract and also evidence that union rules allowed representation for a witness at another person’s disciplinary hearing.
At the end of the case, Mr Lamont said he hoped Aslef would take on board the need to allow separate representation for members who were in dispute with each other and hoped they would produce a legally-binding contract for members.