I think the main thing to come out of the judgement was that it didn't matter if it were documented or not. It was unreasonable to refuse to work 12 car DOO trains as DOO is something the drivers routinely do.
The other thing was that as 12 car trains already operate on Southern and Thameslink it made no sense to say they couldn't be operated on Gatwick Express.
Why shouldn't it matter what the agreement says? Why even have an agreement if the company can just ignore it as it suits? Where would it end? Today it's 12-car DOO, tomorrow it's 5 minutes less PNB. It's only 5 minutes, right?
There's no 12-car DOO on Southern even after the court settlement, and the T&C is explicit that a conductor should be provided on all services in excess of 10 cars unless there is disruption.
GX operate under a different T&C, which doesn't appear to have the same wording, hence the court case.
I think the main thing to come out of the judgement was that it didn't matter if it were documented or not. It was unreasonable to refuse to work 12 car DOO trains as DOO is something the drivers routinely do.
The other thing was that as 12 car trains already operate on Southern and Thameslink it made no sense to say they couldn't be operated on Gatwick Express.
As I said before the whole ASLEF stance of no extension is nonsense. You already work DOO trains from A to B so why not work them from B to C. If ASLEF really want to fight DOO they can but that would mean a campaign to bring back guards on ALL trains not this ridiculous idea that you can stop DOO at this point and no further.
The difference is if A to B is a metro route with an average 35mph line speed, a signal or station (and therefore a SPT) every half mile, and emergency services available within a few minutes, and B to C is a rural branch with unstaffed stations dozens of miles apart, and emergency services half an hour away or more, then I think you can see how we would argue that the safety case can't be applied from one to the other.
Also, when DOO was originally brought in, it was a completely different safety culture to today. The driver's workload and the consequences of mistakes (both in terms of the potential harm and the risks to a driver's career and even freedom) are much higher now.