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Amey Colas Joint Venture TUPE (Transfer of Undertakings Protection of Employment Regulations) transfer of High Output OTM operations and maintenance

4 January 2016

TSSA recently requested Amey/Colas Joint Venture and Network Rail to arrange the programme of TUPE consultation meetings relating to the above transfer resulting from the insourcing the High Output OTM operations and maintenance.


The Transfer of Undertakings (Protection of Employment) Regulations 2006, apply to organisations of all sizes and protect employees’ rights when the business they work for transfers to a new employer. The following will apply:

Ø Employees from the newly-acquired contract will transfer automatically to the incoming employer.

Ø Employees’ terms and conditions of employment and continuity of service are preserved and transfer at the same time. Employees take their length of service with them.

Ø Following TUPE 2014 Regulations Amendment an employer can change terms & Conditions or reorganise after the transfer but it has to be for an economic, technical or organisational reason involving changes in the workforce, meaning the numbers of employees or location of the work. This cannot be solely as a result of the transfer.

I am aware that members are naturally concerned about the lack of information on what is going to happen to them. I must ask you to be patient because your employer cannot provide this information. The kind of information required will be requested from the incoming employer, but this will not happen until the joint TUPE meetings with Amey/Colas Joint Venture the transferor and Network Rail the transferee take place.

I would ask members to wait until after the TUPE consultations before making any career decisions. I would like to assure you that TSSA will provide all members with details of the meetings as soon as possible after they have been held.

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