Medical Examinations - Network Rail
RMT Circular No. IR190/05
28 April 2005
Further to my circular to Branches dated 3 February 2005, a meeting has taken place with the company at which the union?s representatives were advised that Network Rail has terminated their contract with AXA PPP.
As from 14th May 2005, the company will be commencing a new contract with BUPA to provide medicals and I am advised that a series of presentations has been arranged to explain to employees the new arrangements.
Your representatives made it clear that we believed AXA had abused their position and that we agreed with the decision to dispense with their services. Management were asked what compensation the company would be paying to individuals where wrong decisions had been taken by AXA medical practitioners, who were acting as agents of Network Rail. It is the union?s view that loss of earnings incurred by members could amount to "action short of dismissal".
In response the company were adamant that the decisions taken had been professional medical decisions and that AXA had complied with the necessary standards. Management said, however, that they would look at cases where mistakes "have clearly been made" but they reiterated that in their view the correct medical decisions had been taken.
In the circumstances I would advise members who have suffered loss of earnings to pursue a grievance and to consider an Employment Tribunal claim if they are not satisfied with the response received from management.
Network Rail said that they would arrange a further meeting in six months time to review BUPA's performance. Please keep me advised of any problems that are experienced under the new arrangements.