Basically, yes as I understand it - the actual charges are in para 52 of
the report)
I think I read somewhere that the first charge was dropped.
LU wanted to discipline him under a charge if Gross Misconduct (a sackable
offence). I think the tribunal said it should only be a charge of
Misconduct.
The second man is another pair of eyes and their job is to watch the road
ahead and if the driver does go past a red signal the second man then
applies the emergency brake to stop the train
(on older stock, if the deadman was cut out, then a second man was needed
then so that if the driver collapsed, the second man would then stop the
train)
If the defect happens between stations, the train is driven at caution
speed to the next station where the train is detrained (if carrying
passengers) and second person MUST be obtained.
According to the report, he detrained at Stonebridge Park and departed,
forgetting to pick up a second man ( a mistake), but realised after he'd
left the station / the second man was mentioned by the Controller (para
39). However, because he was apparently told by the Controller a short
while later that they couldn't get a second man and was told to continue
at caution speed until they could get somebody (a wrong instruction that
should have been ignored).
Instead of then waiting at the following station and insisting he had a
second man and not moving from there until one turned up, he knowingly ran
without a second man until Kensal Green where a fitter met the train and
fixed the problem. This was a deliberate action and s I understand it, it
was this act of deliberately running with the tripcock cut out and no
second man that he was charged with.