RMT TRAIN driver and leading union activist Derrick Marr has won a resounding victory in the crucial first round of his battle to reverse his sacking by train-operating company National Express East Anglia.

An employment tribunal in east London yesterday awarded Derrick Marr ‘interim relief’, under which the company is obliged to continue his contract pending the outcome of a full tribunal hearing.

Interim relief is awarded only when the tribunal believes the claimant has a very strong case for unfair dismissal for trade-union activities, and the union called on the company to “do the decent thing”, and re-instate him unconditionally.

Derrick was dismissed by National Express East Anglia three weeks after returning to work following his second three-year stint on RMT’s governing council of executives.

The company claimed he had effectively resigned in 2005 after failing a medical upon his return, but John Hendy QC, representing Derrick, argued that he was in employment in 2009.

The tribunal said the company had adopted a “brutal approach” with the dismissal, and had displayed no sympathy towards Derrick Marr’s medical conditions, which include diabetes and high blood pressure.

The union argued that Derrick had in fact been dismissed for his high-profile union activities, and the judgement means that there is a reasonable expectation that Derrick would win his case at a full hearing.

“This ruling effectively pulls apart the pretexts that National Express put forward for sacking Del,” RMT general secretary Bob Crow said.

“We believe it is quite clear that Del Marr was dismissed because he has been an effective trade union rep for many years, and the company should now do the decent thing and re-instate him unconditionally," Bob Crow said.