The Secretary of State was first notified of the recent concerted action by drivers on the First Capital Connect Thameslink route on 26 October 2009.
The Secretary of State was satisfied that in this instance the concerted action that was taken by the drivers on the First Capital Connect Thameslink route was industrial action for the purposes of schedule 10.4 of the franchise agreement, and therefore a force majeure event.
The Secretary of State met with the managing director of First Capital Connect on 12 November 2009 to discuss the industrial action. Officials in the Department for Transport have also met with First Capital Connect on numerous occasions, within this period.
The Secretary of State has also spoken with the chief executive of First Group about First Capital Connect's performance.