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ATW TUPE update

1 October 2018

Circular detailing the latest developments in relation to the forthcoming TUPE Transfer to KeolisAmey on 14 October 2018.

TUPE discussions

The time is now fast approaching the imminent TUPE transfer on 14 October so we wanted to take this opportunity to update you on the latest position. We have had several formal TUPE consultation meetings which have in the main been very constructive. KA have attended all of the meetings which has been very helpful as we have been able to pose all of your questions about the medium to long term future of the contract agreement (previously known as the Wales and Border franchise). At times the reps have been somewhat frustrated by the responses as there are quite a few unknowns currently. KA however have been very keen to stress that they do not anticipate much change in the early days of the transfer.

There are a few ongoing matters which we still need to get clarity on which we have outlined below for your information.

Holiday pay supplement

After several discussions ATW confirmed that they will be making a payment to those new starters who have yet to receive their Holiday Pay Supplement. At the moment we are waiting for the company to confirm when this will be.

On call review

Recently the company has conducted an on-call review which has raised a number of concerns for some of our management members. We urge any member in this situation to raise their issues with the company and your rep as soon as possible. We have questioned the merit of this review and associated pilot taking place before the TUPE transfer and have made representations to both ATW and KA that these be postponed until after 14 October.


We need to issue very clear guidance on this to our members who are currently performing secondments outside of ATW and within Arriva Trains UK. Anyone who is in this situation needs to return to their substantive role within ATW by 14 October to be within the scope of the TUPE transfer. Once the transfer has taken place KA will have no legal obligation to employ you otherwise.

In addition to this KA have advised us that they intend to extend some secondments within ATW. On this point we have sought and are still awaiting a written assurance of these extensions and that any secondee is deemed to be supernumerary and therefore does not leave the substantive post holder at risk.

We will of course continue to update you on the specific issues raised above and all other pertinent items however in the meantime we would encourage you to continue engaging with your reps so that they can raise any questions on your behalf. John Haynes is doing an excellent job of communicating with members through the Wales no1 branch Facebook page so if you aren’t already following this please contact him directly.

Please encourage your colleagues who aren’t yet members of TSSA to join. They can do this online via our website

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