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You can find the current article at its original source at https://www.theguardian.com/business/2016/dec/08/court-rejects-bid-to-prevent-southern-train-drivers-industrial-action
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| Court rejects bid to halt Southern train drivers' industrial action | Court rejects bid to halt Southern train drivers' industrial action |
| (35 minutes later) | |
| The high court has rejected an attempt by the owners of Southern rail to prevent train drivers from taking industrial action. | The high court has rejected an attempt by the owners of Southern rail to prevent train drivers from taking industrial action. |
| The operators of Southern, Govia Thameslink Railway, had argued that the action by members of the Aslef union, which includes an overtime ban as well as impending strikes, was contrary to European law guaranteeing the rights of people to travel and of companies to invest, with GTR being partially owned by the French firm Keolis. | The operators of Southern, Govia Thameslink Railway, had argued that the action by members of the Aslef union, which includes an overtime ban as well as impending strikes, was contrary to European law guaranteeing the rights of people to travel and of companies to invest, with GTR being partially owned by the French firm Keolis. |
| But the judge, Sir Michael Burton, turned down GTR’s bid for an injunction. The company has said the journeys of hundreds of thousands of commuters will be severely affected, with no trains at all expected to run during three days of strikes by drivers next week. | But the judge, Sir Michael Burton, turned down GTR’s bid for an injunction. The company has said the journeys of hundreds of thousands of commuters will be severely affected, with no trains at all expected to run during three days of strikes by drivers next week. |
| The overtime ban was overwhelmingly endorsed by a ballot of Southern drivers in Aslef. It is part of a long-running dispute about Southern’s plans to bring in more driver-only operated trains. A smaller but clear majority voted to strike as well. | The overtime ban was overwhelmingly endorsed by a ballot of Southern drivers in Aslef. It is part of a long-running dispute about Southern’s plans to bring in more driver-only operated trains. A smaller but clear majority voted to strike as well. |
| The overtime ban by drivers is likely to have a more significant effect than the parallel series of strikes by Southern’s conductors from the RMT union, with Southern now warning of severe daily disruption until further notice. A shortage of drivers has left it reliant on voluntary overtime to fill rosters. | The overtime ban by drivers is likely to have a more significant effect than the parallel series of strikes by Southern’s conductors from the RMT union, with Southern now warning of severe daily disruption until further notice. A shortage of drivers has left it reliant on voluntary overtime to fill rosters. |
| Mick Whelan, the general secretary of Aslef, said the legal case by GTR was a waste of money. “Southern, Britain’s worst private train company, has wasted shareholders’ money, passengers’ money and taxpayers’ money – because the company has been handsomely subsidised by the Conservative government – on a case it was always going to lose,” he said. | Mick Whelan, the general secretary of Aslef, said the legal case by GTR was a waste of money. “Southern, Britain’s worst private train company, has wasted shareholders’ money, passengers’ money and taxpayers’ money – because the company has been handsomely subsidised by the Conservative government – on a case it was always going to lose,” he said. |
| “Now the company should do the right thing and sit down with us and negotiate – properly, sensibly and in good faith – to do a deal for the benefit of passengers, staff and, yes, the company. Just like ScotRail did with us earlier this year.” | “Now the company should do the right thing and sit down with us and negotiate – properly, sensibly and in good faith – to do a deal for the benefit of passengers, staff and, yes, the company. Just like ScotRail did with us earlier this year.” |
| Nick Brown, the chief operating officer of Govia Thameslink Railway, said: “Naturally we are disappointed. The judge said that such unprecedented strike action by Aslef would cause massive disruption to the public. | Nick Brown, the chief operating officer of Govia Thameslink Railway, said: “Naturally we are disappointed. The judge said that such unprecedented strike action by Aslef would cause massive disruption to the public. |
| “The judge also said the widespread use of trains using driver operation is perfectly safe both in Southern and elsewhere in the UK. We brought this action for the benefit of our passengers. The judge has given us permission to go to the court of appeal, which we will now consider with our legal team.” | “The judge also said the widespread use of trains using driver operation is perfectly safe both in Southern and elsewhere in the UK. We brought this action for the benefit of our passengers. The judge has given us permission to go to the court of appeal, which we will now consider with our legal team.” |
| Whelan said the union was happy to talk to GTR but that the company had not been prepared to negotiate. He said this stance had been encouraged by the Department for Transport. | Whelan said the union was happy to talk to GTR but that the company had not been prepared to negotiate. He said this stance had been encouraged by the Department for Transport. |
| “Chris Grayling, the secretary of state for transport, said this strike was political. A line which has been parroted by GTR. But it’s not. It’s industrial. Driver-only operation is inherently unsafe.” | “Chris Grayling, the secretary of state for transport, said this strike was political. A line which has been parroted by GTR. But it’s not. It’s industrial. Driver-only operation is inherently unsafe.” |
| The news came on the third and final day of another strike by RMT conductors on Southern, but the first during which the overtime ban was also applied, leaving Southern running only about half of its normal service. | The news came on the third and final day of another strike by RMT conductors on Southern, but the first during which the overtime ban was also applied, leaving Southern running only about half of its normal service. |
| The company said train services on Friday, when the RMT strike will have ended, would still be severely reduced across much of Southern and on the Gatwick Express. | The company said train services on Friday, when the RMT strike will have ended, would still be severely reduced across much of Southern and on the Gatwick Express. |
| Alex Foulds, the deputy chief operating officer of GTR, said: “Tomorrow is the first day when Aslef’s overtime ban will be felt on a non-strike day. We’re sincerely sorry but passengers are advised services will be severely reduced and, on some routes, cancelled altogether. We will put on rail replacement buses where we can. We urge people to check before they travel on the day.” | Alex Foulds, the deputy chief operating officer of GTR, said: “Tomorrow is the first day when Aslef’s overtime ban will be felt on a non-strike day. We’re sincerely sorry but passengers are advised services will be severely reduced and, on some routes, cancelled altogether. We will put on rail replacement buses where we can. We urge people to check before they travel on the day.” |
| The first full day of strike action by Aslef will be next Tuesday, 13 December, with two more days to follow on Wednesday and Friday, as well as six consecutive days in January. | The first full day of strike action by Aslef will be next Tuesday, 13 December, with two more days to follow on Wednesday and Friday, as well as six consecutive days in January. |
| “Peter Kyle, Labour MP for Hove and chair of the all-party parliamentary group on Southern Rail, said he believed that it would be first time since 1994 that London Victoria-Brighton trains had been completely stopped by strikes. “The prospect of not a single Southern train running on Tuesday will be a catastrophe for passengers, businesses and the wider economy during the busy Christmas period. There is now no end in sight to this misery. | |
| “The government now offers the only way out of the situation so ministers must stop hiding in the shadows of this dispute and become an active partner in finding a resolution.” | “The government now offers the only way out of the situation so ministers must stop hiding in the shadows of this dispute and become an active partner in finding a resolution.” |