A former train driver is taking his union to court to get his fees back, claiming they failed to represent his interests when he was subjected to sectarian abuse and cruel taunts by colleagues.
Charles Lamont, 56, of Dundee, says train drivers union Aslef dismissed the “bullying” as “workplace banter” and said the union’s top Scottish representative took the bully’s side against him.
Mr Lamont, who was interviewed by police over the Elizabeth McCabe murder, says he was forced to leave his job as a train driver after he was taunted over the case by the colleague.
Mr Lamont had a brief relationship with Elizabeth McCabe before she was found dead at Templeton Woods in Dundee on the eve of her 21st birthday in February 1980.
The Courier has received a copy of the disciplinary procedure against the colleague who was given a severe reprimand and a final warning by ScotRail for his “unacceptable” behaviour which, the company said: “would not be tolerated”.
In the record of the interview, which came from a current ScotRail source, Aslef Scottish representative Kevin Lindsay said that while people may have heard comments from the colleague behind his back, that did not constitute harrassment.
He told the hearing there was “nothing in this report to prove an allegation of harassment and bullying” and advised that he “couldn’t believe what he was hearing,” as the comments had not been directed at Mr Lamont’s face.
He conceded there were “perhaps some cultural issues at Dundee which needed addressed, but there was no case of harassment to answer”.
When the colleague accused of harassment was told of his punishment he reponded he was “shocked and disappointed at that decision” and would be advising the colleague to appeal.
Mr Lamont said he had endured a “personal hell” at the hands of two colleagues and lodged a claim of unfair dismissal and religious discrimination against his former employer, First ScotRail, claiming senior staff did nothing to stop a “vendetta” against him.
He said notes were left on his locker, branding him the “Kirkton strangler” and the “Arbroath Road ripper”, references to parts of the city in which he had lived.
He alleged one repeatedly hurled sectarian insults at him and tampered with the trains he was driving in an attempt to have him disciplined.
The second made an “unsubstantiated” and “malicious” allegation against him.
Before he resigned, police hid a spy camera in a railway workers’ changing room and used it to film the men in secret to try to find the culprits.
ScotRail eventually settled the tribunal action with Mr Lamont, who stressed last night he had no issue with the company and that the court action against Aslef was simply because: “They breached their contract with me.”
He added: “I only want my union fees back. It’s the small claims court and it’s only about £1,500. I was paying them a fee and Kevin Lindsay wasn’t looking after my interests.
“If what was said to me was said to a female or an ethnic minority person would he say it was ‘just workplace banter’?”
The Courier contacted Mr Whelan, who said: “We believe the case is spurious and we will be defending it in court.”