A railway signalman with 44 years of service was sacked by Network Rail for trying to take a 20-minute break during the evening rush hour.
Peter Lee threatened to down tools at 5pm at Arundel station in West Sussex, as he insisted that he was legally entitled to a break as his shift was longer than six hours.
The 60-year-old claims he gave bosses four days’ notice of his intentions ahead of the shift in January, but was told that there was no one to cover the break.
Before Mr Lee could shut down the signal box on the day, two managers suspended him on the spot, leading to a disciplinary hearing in May where he was dismissed for gross misconduct.
Peter Lee has been protesting his innocence after being sacked for taking a 20 minute break after a six-hour shift
Now rail unions are balloting to strike in a bid to get Mr Lee’s job back at the station used by under-fire Southern Rail.
The Working Time Regulations Act 1998 states anyone working more than six hours at a time is entitled to a 20-minute rest break.
Mr Lee won a grievance case in 2015 that gave the signalmen at the station the right to those breaks.
But when he arrived at work on January 8 for an eight-hour shift starting at 2pm, the rota had been changed and there was no-one to cover his break.
He told his line manager he would be taking the break at 5pm, insisting it was his legal right.
Mr Lee said: ‘I told my manager I would be taking the break, giving him four days’ notice.
‘I also found three people who could cover the break but they refused to use them.
‘On Thursday, I started the process of closing down the signal box – it takes 30 minutes – and then two managers arrived at the station and told me to go home.
‘I never got the chance to close the signal box as the managers approached me to suspend me before I could.
Campaigners have been calling for Network Rail to reinstate Lee, who worked on the railways since he was a box boy at 16
‘I would never put anyone travelling or working on the railway in any danger. Why couldn’t one of them cover it?’
He was suspended with full pay until May 18, when he was dismissed for gross misconduct.
Mr Lee said: ‘I started here as a box boy when I was 16; it’s my whole life, and it’s completely shattered.
‘I’m gutted. I have given them 44 years of my life, and now that’s it, I’m done. They have taken everything from me.’
Mr Lee, from Littlehampton, had been fighting for the breaks for eight years.
He said: ‘We used ergonomic studies to win our grievance and it was proven we need these breaks.
‘Even then it was only given to us Monday to Saturday, early and lates, not Sundays or nights.
‘I continued to campaign against that because we have a right to breaks for shifts over six hours. I was working 12-hour Sundays with no break.
‘The signaller at Arundel is now working without any breaks because the station is short-staffed. This needs exposing.
The railway signalman was closing down a box at Arundel Station in West Sussex when managers suspended him on the spot
‘On top of all this Network Rail is still fighting tooth and nail against allowing us to have breaks.’
Chris Rodway, secretary for the Sussex Coast branch of RMT, said: ‘He’s been arguing this case for eight years.
‘The working time directive states that they are entitled to a meal break. What happened is clearly vindictive.
‘One of the managers who came along that day was capable of taking over the box but instead used draconian measures against him for exercising his legal rights.
‘We believe there are safety implications. It affects not only him but could have consequences on a whole number of people who are relying on him being alert.
‘We’re not asking for anything, what we’re demanding is that our members get what they have already won.’
A spokesman for Network Rail said Mr Lee had closed a signal box ‘at the height of the weekday rush hour,’ a claim he refutes.
The company said: ‘It is true that he gave notice of this intention, but he was given a direct instruction by management not to do so, was reminded of the agreed process that was in place and advised of the potential consequences.
‘He was therefore disciplined for gross misconduct in failing to follow a reasonable management instruction.
‘His dismissal was later upheld at appeal.
Rail, Maritime and Train workers (RMT) has supported Lee who has received 6,300 signatures in a petition to get his job back
‘Network Rail has a duty to protect members of the public and staff, together with upholding the operational integrity and safe running of the railway.
‘The provision of an additional member of staff for meal break relief at Arundel was agreed collectively with the trade unions following a grievance procedure in 2015.
‘The agreement includes a process for financial recompense when a meal break is not able to be provided due to short notice sickness, vacancies etc.
‘The signaller is well aware of this process, having received payments as part of the local agreement on more than 20 occasions.
‘If a meal break cannot be provided we work around it and agree a course of action with staff.
‘This local agreement has generally worked well, the right to a break being balanced with the requirement to continually operate a train service.
‘The agreement recognises that if an uninterrupted break is not provided, staff will not close the signal box as this would cause significant disruption to the travelling public, as happened in this case.’
Mr Lee conducted a protest at Arundel Station on Monday morning, while a petition to reinstate him has reached more than 6,300 signatures.
A spokesman from the union for Rail, Maritime and Train workers (RMT) said: ‘RMT has supported Brother Lee throughout the disciplinary process.
‘We continue to provide him with that support and the union is currently in the process of preparing an industrial action ballot.’