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White Tube worker wins racism tribunal
Felix Allen14 Oct 2008
LONDON Underground was today accused of "institutional racism" against white workers after a 7/7 hero won a racial discrimination claim.
An employment tribunal ruled that station supervisor Tom Mahoney, 58, was discriminated against by Tube bosses on the grounds of his race after he complained he had been intimidated by a black worker.
Mr Mahoney, who has 25 years' service and led 500 passengers off a train along the tracks to safety after the 7 July bombings, said his allegations of bullying against co-worker Daniel Jean-Marie were not acted upon because he was white.
Mr Jean-Marie was not suspended and never properly questioned about Mr Mahoney's claims.
By contrast, Tube workers Vic Cooney and Carlos Rozza, whom Mr Jean-Marie had accused of taunting him with jokes about biting the heads off black jelly babies at Caledonian Road station, were suspended and subjected to a fierce interrogation "like something from the Sweeney". The two men were prosecuted for racially aggravated harassment but were cleared by a crown court jury in November 2006.
London Underground later agreed to pay Mr Jean-Marie £125,000 in an out-of-court settlement.
Mr Mahoney, who was not directly involved in the "Jellygate" affair, told Watford employment tribunal of an incident during the criminal trial when Mr Jean-Marie burst into his office and started taking photographs of him, which he feared would be used to smear him as a racist.
The Irishman said: "I was very shaken. I felt it was to intimidate me and I became very concerned about my personal safety and that of my family."
But managers did little to protect him and victimised him for making the complaint. London Underground denied the claims. But the tribunal panel said managers' approach to the case was "sceptical and resistant" and the complaint was dismissed after a sub-standard investigation.
The tribunal recommended that the "loyal and long-serving employee" should be given an official apology on top of the £6,000 he was awarded for injury to feelings.
Mr Mahoney, of Islington, said: "They were so afraid of Daniel Jean-Marie's legal action that they hung me out to dry, and I think that's been recognised by the tribunal."
His RMT union representative Kevin Byrne said: "This is a systemic problem which could be seen as institutional racism against white employees."
Mr Byrne has written to Mayor Boris Johnson and Tube boss Tim O'Toole requesting a meeting to discuss issues raised by the case.
A TfL spokesman said: "We take very seriously any accusation of discrimination and always strive to treat all employees fairly and equally. London Underground is a very diverse organisation and our employee surveys show high and improving employee satisfaction."
Reader views (24)
I am surprised to read so much racist nonsense on this board. Tom Mahoney is a life-long anti-racist and will be ashamed when he sees so many numpties posting such drivel in his name.
He quite rightly won the ET but it wasn't because it was a black v white issue - it was because lots of managers on the Underground can't find their arse with both hands.
The fight isn't white against black, or catholic against muslim, it should be worker against boss, poor against rich, the dispossed against the landlord.
- VT, UK, 31/01/2009 03:04
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Good on Tom for standing up for himself and not being intimidated. Ignoring the money an apology and being proved right is good enough the rest is an added bonus. London Underground cannot be the only company like this so hopefully more people will stand up for themselves.
- Monkfish, Islingstone, 18/10/2008 16:44
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...so how come poor Mr Mahoney (good on him) got awarded £6,000 and an appology for what was probably months of stress, fear and dissappointment at LU's lack of support and the black guy Mr Jean-Marie got £125,000 for hurt feelings over bloody Jelly Babies!
It is still not equal in this country.
- Cathy S, Purley, Surrey, UK, 15/10/2008 09:14
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Lou, if you'd got the job and it was with LU, trust me you'd almost never hear the end of having got the job because you're female; take it from someone who knows.
- Jany, London, 15/10/2008 04:16
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you should try going for promotion within tfl, white male hetro? forget it the PC brigade rule with a rod of iron.
- Tube Worker, london, 14/10/2008 22:50
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"The two men were prosecuted for racially aggravated harassment but were cleared by a crown court jury in November 2006.
London Underground later agreed to pay Mr Jean-Marie £125,000 in an out-of-court settlement."
If the two men were cleared by a Crown Court Jury, this obviously meant that they were deemed to be innocent of the acusations against them, so why did London Underground pay Mr Jean Marie anything at all, I bet the two men who were accused of the initial racial discrimination, and dragged through a court case, didn't get a penny
- Phil, London, 14/10/2008 22:33
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Whenever I come across questions about my ethnicity,in application forms etc,I ALWAYS tick the box marked "Other" as,frankly,they don't need to know.
- Nick Barber, London N7, 14/10/2008 22:27
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Mourn the many who have faced similar actions in the last two decades and for whom the unions have not wanted to raise their heads above the parapet.
After all this time, the seemingly impossible has been achieved. Rock on Tom Mahoney.
- Steve, SE19, 14/10/2008 21:20
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There is institutionalised racism in every aspect of this country, it used to be to the detriment of the black and asian members of society, now it is against the white indigenous population. There is growing resentment in this country against this growing trend. how does this black man warrant £125k when he is the aggressor and the white man is penalised and then thrown a bone?
Behaviour like this only plays into the hands of the loony right i.e. the BNP
- Kerry Trubee, Purley, 14/10/2008 19:21
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Funny how it was the very left wing and pc mad RMT union that fought and won this case for Mr Mahoney.
- Colin, barking essex, 14/10/2008 19:17
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This on the back of the outlandish TV programme last week "The secret policeman" follow up. Its about time the current avalanche of racism cases was recognised for what it is. Profiteering in the back of 'do gooder' groups. Racism wasnt institutional in this country until groups started to highlight minority cases out of all proportion. Now the majority are persecuted for the sake of the minority. Im not advocating we should revert back to slavery but lets get things in perspective with some of this.
- Kevin, Leeds, 14/10/2008 18:30
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Funny that this story appears just two days after I, a white female, receive yet another rejection letter for a job I'd applied for at TFL, that I am more than capable of doing. I have applied on a number of occaisions and always have to fill in a short questionaire about my age, sex and ethnicity. Why should I be asked these questions? An ex colleague at a more junior level in the same company I work for, but who happens to be a non-white male, applied for a very similar role a few months ago and got the job straight away. I can't help but start to feel victimised
- Lou, London, 14/10/2008 15:49
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>>London Underground later agreed to pay Mr Jean-Marie £125,000 in an out-of-court settlement.
Why so much? This must be at least four or five times his salary.
- Adam, Harrow, UK, 14/10/2008 13:44
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The combination of an ill thought out immigration policy and slavish adoption of EU employment legislation has become a poisonous cocktail that has probably ruined both the British economy and industrial relations in the UK. This fractured society will be labours legacy and should ensure that they are never again elected to govern this country.
- Peter Haldane, London, 14/10/2008 13:26
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the words pc and rascism are thought control weapons designed to back the british people into a corner. we are the most maligned and under represented part of our nation, as the above case confirms.
- Frank, stoke-on-trent england, 14/10/2008 13:15
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The quiet revolution by Trotsky's mates, is coming to light and will fall apart once the scum-bags are exposed. Positive discrimination is racism, those that promote it no matter how well intentioned should be jailed. Marxism is evil to those that have dignity and are prepared to do something constructive for themselves and society.
- Mike, London, 14/10/2008 13:09
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Perhaps those in authority of the Met police should take a long hard look at this case. I've no doubt there are dozens of white supervisors in the police service, and probably more in the public sector, who have found themselves in the same situation as Mr Mahoney but have been actively discouraged from complaining by the inverted racism that exists in todays police/public services. Well done Mr Mahoney.
- Pete, Croydon Surrey, 14/10/2008 13:01
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Let's hope that all this nonsense soon becomes a thing of the past - there has been excess in the spiv financial world and excess in the New Labour PC world, time to go back to common sense and basic British decency. Well done Tom Mahoney for having the courage to lead the way out of the tunnel!
- Derek, London, 14/10/2008 12:02
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Because of PC and all the regulations employers are afraid of their own employees. The firm I work for sacked a woman caught red handed three times 
stealing cash, she had only worked here for three months. She used a loophole in employment law to claim she was sacked for 'whistle-blowing' and took my bosses to a tribunal. The firm won the case and was complimented upon the quality of it's procedures. Now it has to pick up an £8k costs bill because, although the tribunal were minded to award costs, they were satisfied the ex-employee did not have the means. Where is the justice in that!
- Mark, Bournemouth England, 14/10/2008 11:50
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I'm with you Georgie, the last time I was back in Britain I thought I'd come to the wrong country. Who is driving this mad immigration policy, there has to be some conspiracy behind it because it has nothing to do with the British sense of fair play.
- Len, Perth, Australia, 14/10/2008 11:47
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A TfL spokesman said: "We take very seriously any accusation of discrimination and always strive to treat all employees fairly and equally".
Not if Harriet Harman has anything to do with it.
- Jimbob, Kensington, 14/10/2008 11:21
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We should not have this Nu Labor style political correctness anymore. We need to go back to our British roots.
- Georgie, Islington, London, 14/10/2008 11:09
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Won what? £6K as opposed to £125k, no surprise there then is there?
- P I Staker, london, 14/10/2008 10:08
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This is nothing new, there are many that believe a white person cannot be subjected to racism - and with such openly racist organisations such as The Black Police Association free to exist and spread their propoganda true 'Equality' seems as long way off!!
- Matthew, Grays, UK, 14/10/2008 09:40
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