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Balfour Beatty Rail Employees TUPE Transfer to Colas Rail

23 June 2014

Following TSSA’s latest consultation meeting with Balfour Beatty and Colas Rail there remain some outstanding issues requiring clarification.


We also used the opportunity to raise some further questions with the incoming employer – set out below are the responses:

1) The transfer will take place at 00.01 on 29th July 2014.

2) Colas said that they will honour any Balfour Beatty Procedures (e.g. Discipline & Grievance) covered in the contract of employment. However, non-contractual Balfour Beatty policies will be replaced by Colas policies e.g. ‘Special Leave and Sickness Reporting’.

3) Protected and Indefeasible Rights status employees will be able to join the Colas Rail Section of the Railways Pension Scheme (RPS). Any member of the RPS who joined the Scheme after November 1993 will not. It is believed that seven employees are affected and will be allowed to join the Colas Defined Contribution Scheme (DC). TSSA objected strongly to this and argued that all those currently contributing to the RPS regardless of status should be allowed to join the Colas Section of the RPS. The Colas DC Scheme is not a like for like offer. TSSA will consider the possibility of a legal challenge. It is important that any member believing they are affected by this should contact us. Those transferring to the Colas Rail Section of the RPS will have to pay this Section’s contribution rates which is 14% for employees participating in the salary sacrifice scheme. Colas would not confirm if they would continue with BRASS matching contributions and will respond at the next meeting.

4) Those currently in the Balfour Beatty Defined Contribution scheme will be auto enrolled into the Colas Defined Contribution Scheme. This has maximum contribution rate of 5% by the employee and 6% by the employer, which is not as high as the Balfour Beatty Scheme.

5) Balfour Beatty and Colas Rail are currently discussing the logistics of the changeover of vehicles. The 14 people in the Balfour Beatty salary sacrifice car scheme will have to hand back the vehicles, but there will be no penalty involved to the individual. Those who have company cars will have discussions about car specs, fuel cards, insurance for partners etc., at their one to one meetings. All employees transferring who have company mobile phones will be issued new phones and numbers.

6) Colas Rail is still in discussion with Network Rail and Balfour Beatty regarding work locations. Network Rail has not confirmed locations, but what has been confirmed is that Brentwood Depot and the existing Ashford depots will be retained by Balfour Beatty.

7) Colas will respond on the future of training departments at the next meeting. Training Department employees transferring, will be subject to analysis and split between those working in Learning & Development and Competency Training.

8) Balfour Beatty could not advise us what will happen regarding current employees transferring who participate in the share save scheme, but will respond at the next meeting.

9) Balfour Beatty said they are still trying to resolve all vacancies’ issues before the date of the transfer, especially where this involves long standing Higher Grade Pay cover and arrears of pay. Some vacancies need Network Rail’s authorisation to fill. Those who have not had their issue resolved should put in a grievance.

10) There is a plan to sell the Small Plant organisation to Torrent Trackside before the transfer of the RT24 contract.

11) Those in the Enhancements Team will not be transferring, if they have not worked on the RT24 contract.

12) Those working on the East Kent re-signalling team will transfer to Colas but not until 22nd August 2014 at 00.01 hours.

13) It is not known if all employees transferring who have a Senital Card will require a med screening - Network Rail is looking into this.

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

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