SCOTRAIL is threatening rail union RMT with legal action under the Tories’ hated Trade Union Act over a series of strikes to defend guards’ safety-critical role, the company said yesterday.

The union also confirmed that it has received a new offer from the company.

This summer, RMT members have staged several days of strike action in a bid to halt the extension of driver-only operation on ScotRail services.

The union warns that the practice will undermine the role of the guard and threaten passenger safety.

RMT members are set to strike for 48 hours from Sunday, then for 24 hours from next Thursday and again over the weekend of August 13 and 14.

However, a ScotRail spokeswoman said: “We have written to the RMT to challenge some actions by the union that we believe contravene the legislation that governs industrial action. We await their response.”

An RMT spokesman confirmed that “there is a threat of a legal challenge that RMT will look at in detail before we respond formally.”

He accused ScotRail of being “keener on interfering in workplace democracy under the cover of the anti-union laws than they are in dealing with the issues of rail safety at the heart of the current dispute.”

RMT is consulting its solicitors and is likely to respond later in the week.

However, general secretary Mick Cash revealed in a circular to RMT members that the company was proposing the retention of guards with “full competency” on services operated with electric multiple units, both currently and in the future.

RMT said it would not comment further on the offer until members and representatives “have had time to respond.”

Scottish Transport Minister Humza Yousaf has convened a meeting of the Scottish government’s resilience committee in the run-up to the strikes.

He said the action would “undoubtedly mean further disruption for the public, who are quite understandably losing patience with the current situation.”

RMT argues that driver-only trains will hit the safety-critical role of guards, who are currently responsible for operating doors at platforms.

The company wants drivers to operate the doors, but the union warns that they have a restricted view of the platform and may put passengers at risk.