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Amey: Contract Changes and TUPE

6 June 2013

Call for members to prepare for upcoming TUPE (Transfer of Undertakings protection of employment) transfers on the current CEFA contract and the High output track renewals currently run as a joint venture with Colas.

 

Contract changes

As you will be aware from the company communications the CEFA contracts are up for renewal from April 2014 and the tendering process is due to run between June and December. In the Amey Colas Joint Venture the contract has been extended by 6 months until October 2014 but it seems logical to consider how we deal with these changes at the same time. The starting point is ensuring that your representatives have the relevant training to fully understand the legislation and TSSA will be running a training course on TUPE and redundancy on 9-12 July in London. This will be open for current reps and members prepared to be involved in these transfer consultations where we have rep vacancies. It is really important that you all have local representation as in the past I’ve been advised that those of you who transferred without Union representation felt that many questions and issues were either unanswered or unresolved.

Why is it important?

In any TUPE situation there is uncertainty about who will win what contracts and there is no guarantee that you will remain within the same employer. To ensure that both your current and future employers meet their obligations under the legislation there is a need to consult with Union representatives. It is therefore vital that you have representatives from your area as with some contracts these may be broken up into smaller pieces and so smaller chunks could potentially transfer to companies without any union presence and so having representatives in place who are trained and who have been involved in the consultations that transfer with you means that you are in a better place to be protected both now and in the future.

Are there vacancies near me?

On the Consulting Rail side that currently runs the CEFA contract there are vacancies in Scotland, the North East and North West of England and the Midlands, on the Joint Venture we have no representatives outside of Bristol. For those grades where there is no collective bargaining the company will need to elect staff representatives to be party to the consultations and you may be interested in being involved for those not in Career Path Framework Bands A-C.

If you are interested in protecting you colleague’s rights and ensuring that they are looked after in any transfer then contact Alan Valentine Senior Regional organiser on valentinea@tssa.org.uk or call him on 07775912829. If you are in an area where you have representation but have concerns then please speak to your rep about these.

You may also be aware of non-members who may be affected by these transfers so please advise them that they have more chance of being treated fairly and consistently if they are with us than on the side-lines so please encourage them to join us at www.tssa.org.uk/join

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