WCRC Licence Suspended

Your comments on the "Scottish" question are particularly interesting. I seem to recall reading that Salmond was particularly insistent about steam specials being included in the new franchise, especially over the new borders railway. It could be that Holyrood will play a part in making sure these go ahead, especially the Jacobite, which as you rightly say, plays a big part in the Scottish Tourist Industry.

 

How can they enforce this under current age discrimination rules? Is there a special case that applies here?

 

I seem to recall transport was one of those industries that were exempt from that legislation on safety grounds.

 

I seem to remember from my final working days on H&S that age discrimination is open to interpretation around "fit for purpose", hence the regular medicals drivers and firemen have to undergo. Medicals can always be made stringent enough to rule out, whomever you wish. I don't think there is a legal standard, only a minimum one which was very open to interpretation. Still that was a while ago and things might have changed.

 

Any employer can have upper age limits, the age discrimination act allows, Objective justifications, exceptions, exemptions and occupational requirements.

 

It's an interesting one the age issue, as we all know there have been moves recently to encourage people to work for longer to avoid a pension crisis. You'd have thought this would be fine in the case of Locomotive Drivers provided the medical examinations were stringent enough to guarantee safety standards. Eyesight and hearing are the two obvious ones, as well as reactions, power in the limbs etc, but my own view is that the industry should be doing what it can to bring down the average of Drivers signing for steam. Apart from anything else, it would help to provide suitable resources for the years to come.

 

In other words, the legislation has no teeth, as a clever employer could probably prove at least one of those applied, even when it didn't.

 

I didn't realise there was an issue with the age of the WCR drivers as surely they have regular medicals to ensure they are fit to drive steam trains? Is there not an "age discrimination" angle to this. I am now in my 67th year (but don't tell anyone!!) and working full time as a sales manager in the telecoms industry (I left signal boxes behind a long time ago) with performances that match the "young-uns" week in and week out.

On the subject of DBS and inspectors, I was amazed in the early days to see that WCR did not "employ" a third man on the footplate, i.e. an inspector as DBS do. On You Tube there are dozens of clips showing the old BR/EWS footplate inspectors offering help and assistance to both driver and fireman, and significantly looking out for signals and tunnels.

I have such fond memories of those inpsectors and some are still at work well into their 70's such as Colin Kerswell, the most likeable person I have ever had the pleasure to meet.

 

Couple of small observations....

1) I note and fully agree with the sentiment that we should not be discussing the driver involved in the SPAD, however on a similar basis I m a little uncomfortable with some of the wider discussion on here regarding the future of WCRC, they have a lot more staff than just drivers and all are affected by these happenings - these are peoples livelihoods you are speculating about so please be at least a little sensitive,

2) Taking note of the fact that WCRC are at the moment operating on an almost zero income basis someone is funding payroll and other costs (be it via capital or reserves), I would suggest they feel that they can address these issues within a fairly short period of time. I would suggest that if they did not feel this was the case then they would be taking action to minimise any exposure ASAP of which I have seen no evidence.

3) I can just imagine the outcry with the Unions if DBS were suddenly to offer work to WCRC staff on a zero hour basis - so cannot see that happening.

4) This does illustrate how precarious the situation is, however equally I am not aware of WCRC entering any practices which have forced the other operators out of the sector, which further suggests it is not the attractive proposition many seem to think it is. There is every possibly that main line steam means either WCRC or lose the majority of traffic.

5) There is often mention of Jeremy Hosking entering the sector. Is there any evidence to support this often floated theory over and above the purchase of some stock, which as Tyseley and SRPS have shown illustrates no great wish to run trains?

 

I've just had a look at WCRC's Facebook page and I see that they've told a passenger on Saturday's Cumbrian Coast trip: "...we will be in contact with all passengers if there are any changes to service, I am not currently aware of any on this particular trip at the moment, but I will make sure I keep you up to date if I am told any different."

 

Parallels with VOSA as was come to mind. VOSA could have a companies HGV fleet off the road for a stipulated period with just hours notice. One thing you did not do with VOSA was show attitude. I have known cases where an MD has stepped into the background as Chairman and then recruited from outside a paid MD known and respected in that industry to take on the full responsibilities of the company as a result. Just a thought.

 

Well this does correspond with the note on RTC's website saying they've been assured by WCR that their upcoming tours won't be affected so I guess we just don't know the detail of how it's going to be operated.

 

Exactly. I doubt many, if any, contributing on this thread have the slightest clue as to what WCRC's plans are in the short term.

 

The point illustrated most profoundly in this case is that in order to run a service that recreates a vintage experience requires something rather more sophisticated than a management culture redolent of the era being recreated.
In relation to the costs of the suspension, it has been pointed out that the WCRC venture is largely the personal fiefdom of the MD who it can be probably assumed has the resources to absorb the overheads for some time without earning any income.
Without the will and resources WCRC would never have got off the ground so unless this issue damages the appetite of the MD to the extent that he no longer wants to 'play' we probably have grounds to be optimistic that WCRC will emerge at some point reformed in the ways deemed necessary by those issuing the 'licence'.
So much has been invested in the acquisition and restoration of rolling stock plus the facilities to maintain them we should judge that there is a strong personal desire to see the business succeed even without the normal motivation of a compelling business case or huge profit margin, certainly where steam is concerned.
It may be that the first phase will be to recover the non charter work as this is probably what offsets the costs of the steam stuff. The Jacobite is clearly a major source of revenue which will be another priority to get resolved.
Once NR confidence has been restored in running these aspects I'd expect a gradual return to wider steam operations but it may be some time or never before we see the volume of steam charters we had become accustomed to.

 

There is no "testing" or "probationary" requirement in the NR suspension of track access. The resumption of track access is dependent on the resolution of procedural issues, which are not in any way onerous, or difficult to achieve given the required focus. There is no cause to "test" the resolution of those issues in any limited or controlled manner, because part of the resolution is continual ongoing monitoring by both parties in a fully operational environment.

That means in layman's terms, when NR are satisfied with the specific points, full operation can be resumed at once, business as usual.

It also means that NR can yank track access in full at any time if they are not happy the issues are still under control.

 

But it might take a court or more to decide if the employer was correct or not.

 

Whilst needing to tread with care around sensibilities and speculation, I think it is worth flagging that WCRC is part of a small group under the ownership of Mr & Mrs Smith. As I see it there are broadly 4 assets within the group:

1. The WCRC TOC business, which appears to be the main revenue generator
2. A fleet of locos and coaches
3. The Carnforth site
4. The Carnforth engineering business

It is a worrying time for the employees of the three businesses but for the preservation movement it is also worrying that the ownership of a key TOC and of an important heritage site is so concentrated and there are no obvious succession plans. William Smith (Wakefield) Ltd seems to have a strong balance sheet but its liquidity that counts. Lets keep an eye open for the future of the Carnforth site. I really would hate to see a forced sale.

I hope all works out well.

 

Well put it like this, its been tested in court that you can't make people retire just because they reach a certain age, but you can make them retire so you can bring in younger workers, by objectively justifying the fact your workforce needs a mix of ages.

objective justification means as long as you make a good social, business, operational or safety case, you can do it.

 

Yes, but objective justification means the policy furthers the objectives of the company. It might be argued that a company's efficiency requires a workforce with a spectrum of ages. That objective would not necessarily allow older workers to be forced to retire.