EAST MIDLANDS TRAINS is to appeal after it was defeated in the High Court in its bid to counter industrial action by the RMT. Fresh peace talks have failed.

The High Court vindicated the RMT's stance, which is in connection with disputes centred around the Nottingham blockade, but EMT said it would 'attempt to protect passengers from what it believes is unlawful strike action'.

The company is accusing the union of going beyond the authority of a ballot, which was for action short of a strike.

An East Midlands Trains representative said: "The RMT has deliberately targeted passengers during a £100 million major set of improvement works, which has meant disruption to customers' normal journeys.

"We have worked with our railway partners and other organisations in the region to put a comprehensive plan of alternative services in place. Instead of supporting that work, the union seems intent on making life as difficult as possible for passengers. The RMT's unnecessary action is causing the direct cancellation of services and delays.

"We want our customers to be clear on the reason for the unnecessary inconvenience they are experiencing and be assured that we are doing everything we can to resolve this situation. We do not believe there is any substance to the claims made by the union to justify what is an invented dispute. However, our view is that constructive discussions rather than disrupting customers is the way to resolve any issue. That is why we met the RMT earlier this week. We would urge them to put customers first, call off their action and sit down with us again to find a solution."

RMT general secretary Bob Crow responded: "Instead of wasting the court's time and their customers money with another punt on the anti union laws, East Midlands Trains should be sitting down with RMT and resolving this dispute. The issues are clear - treating their staff with fairness, dignity and respect in light of the Nottingham engineering works rather than resorting to bullying, enforcement and the ripping up of agreements and procedures.

" Passengers have experienced another weekend of disruption as the industrial action remains rock solid in the teeth of misleading information from the company  and EMT would rather have another run to the courts instead of reaching a solution. Any court action will be stoutly defended by RMT yet again."