22.07.16
Training safety legal case between NSAR and UKRS postponed to autumn
A legal case challenging the decision by the National Skills for Rail (NSAR) to suspend UKRS Training as a rail skills training provider over safety concerns has been postponed.
UKRS had applied to the Competition Appeal Tribunal (CAT) for an injunction against the suspension, and the case was due to be heard on 21 July.
On the day before the hearing, however, the president of CAT wrote to the parties suggesting that they hold a preliminary issue hearing to determine whether NSAR’s training and assessment auditing decisions are subject to competition law.
NSAR said it had submitted written evidence to the tribunal repeating points made in an application to CAT to strike out the claim by UKRS arguing that “in the context of the crucial need to protect public and worker safety, NSAR’s obligations are not subject to review as a matter of competition”.
NSAR took the decision to suspend UKRS after finding that it failed to demonstrate strong procedural processes, managed fatigue and working hours ineffectively, and had incomplete Safe System of Work Packs and training pack verification which was significantly below standard.
The case will now be heard in late September or early October.
Lee Bowen, director of UKRS, said that the company was “very pleased” that the judge had agreed to its requests before the hearing.
He added that the company was “disappointed” that NSAR had publicised the case, saying it might have made some customers reconsider using UKRS services, and that UKRS would not “engage in a tit for tat in the public domain”.
“UKRS are confident of the strength of their case, and look forward to a satisfactory outcome,” he said. “In the meantime UKRS will continue to offer high quality training and assessments to the rail industry.”
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