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Balfour Beatty Rail: TUPE transfer of Rail Grinding contract to Colas Rail

9 June 2015

TSSA recently met both Balfour Beatty and Colas Rail to arrange the programme of TUPE consultation meetings relating to the above transfers resulting from the awarding of the rail grinding contract to Colas Rail.

 

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.

The kind of information required will be requested from the incoming employer, which will happen at the TUPE consultation meetings with Colas Rail (transferees).

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.

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