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Amey Rail TUPE transfer of High Output to Network Rail

4 March 2015

Following TSSA’s latest consultation meeting with Amey Rail and Network Rail there still remain some outstanding issues requiring clarification.


TSSA did, however, use the opportunity to raise some further questions with the incoming employer and I set out below the responses given:

· The transfer will take place at 00.01 on 27th March 2015.

· Network Rail stated that they would expect the transferring employees to come under their policies and procedures following the transfer. However, any existing discipline or grievance will run under Amey procedures.

· There will be auto enrolment into the Network Rail Railway Pension Schemes. Those with less than five years’ service will be auto enrolled into the Defined Contribution Scheme, those with five years’ service and more will be able to join the RPS65 or Care Scheme, those protected under the Railways Act will be able to join the RPS60 scheme. For those with less than five years’ service their existing service will count and after their five years’ service anniversary they will be entitled to join the RPS 65 or Care Scheme.

· Network Rail will honour any agreement made between Amey and the trade unions on the current negotiations for the pay award due on the on 1 March 2015.

· Network Rail and Amey Rail are currently discussing the logistics of the changeover of vehicles. They are proposing to use locations close but away from the depots to exchange vans. Network Rail did not foresee a change in the policy in the use of vans, but will comply with taxation rules on personal use. Network Rail policy is now to lease cars and as a result will be looking to replace the existing car with an equivalent vehicle. Cars will be delivered and collected from an individual’s home.

· A proposal has been put forward to place Collective Bargaining representation under the Operations National Council and the Area Council under the Projects Area Council. This detail will be agreed with the trade unions when the organisation is under Network Rail.

· PPE will be replaced when needed, but any Amey/Colas branded PPE can be replaced before the transfer.

· It is still not confirmed in regard to the four-weekly pay cycles identifying the differences in timescales and what those consequences could be. TSSA has requested that employees should receive an interest free loan if there is a significant monetary shortfall as a result of an individual’s income timings. Equally, the TSSA has requested that Network Rail give an interest free loan to those having to pay back in full any loan outstanding due to Amey Rail. In regard to the ten week overtime pattern, Network Rail indicated that they would wish to start the cycle at the time of transfer.

· At the time of transfer individuals will be ghost banded into the new organisation, this would notionally line them up against a Network Rail grade, and this is for the purposes of their oracle system. This categorically does not change anyone’s terms and conditions and does not mean they are on Network Rail role clarity contracts.

· Senital will transfer existing records on oracle and there will be examination of records to identify those employees who are within three months of their renewal of competencies.

TSSA members with queries should contact the TSSA Helpdesk or their TSSA representative. TSSA will keep you updated of developments following further consultation meetings that are due to take place.

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