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Carillion: staff offered employment with Amey

16 March 2018

Many Carillion rail staff are being offered future employment with Amey. Whilst the offer is being made to all Carillion staff that work wholly or predominantly in support of the four Carillion contracts purchased by Amey, the offer may be extended to other Carillion staff.

 Download a pdf of this circular here:   Carillion: staff offered employment with Amey

An informal meeting has now taken place between Amey and TSSA reps from the four Carillion contracts purchased by Amey. The information that follows is  not exhaustive and may be subject to change, so contact your reps or the Helpdesk and look out for company updates for more information.

Transfer process

As suggested in our previous circular (Link: http://bit.ly/CarilLiq), Amey has confirmed that TUPE will not apply to Carillion staff that are offered employment by Amey. Carillion staff will be made redundant from Carillion regardless of whether or not they are then employed by Amey and will be entitled to statutory redundancy pay.

Amey is seeking to employ Carillion staff from 29 March 2018, following redundancy from Carillion/PwC on 28 March. Individuals that choose not to accept an employment offer from Amey will continue to be employed until 6 April.

Amey has stated that it will employ Carillion staff on the basis that their date of entering service will be deemed to be the date they entered service with Carillion (or its predecessors) for the purposes of statutory processes (basic employment rights against unfair dismissal, statutory notice periods). Individuals will not be required to complete a probationary period.

Amey has agreed to give TSSA a written explanation as to how these rights will be made legally binding through offer letters and contracts.

However, Amey advised that contractual rights such as enhanced redundancy terms will NOT be transferred. There are also issues about pensions (see later).

TSSA reps expressed their concerns to Amey that individuals taking up employment with Amey may jeopardise their ability to claim statutory redundancy payments. They must be formally made redundant from Carillion before joining Amey and be given the ability to claim their redundancy pay. Amey agreed to seek assurances from PwC to avoid the risk of staff being deemed to have resigned.

Staff who believe they should be in scope or are interested in an offer from Amey and have not been contacted are encouraged to contact Amey using the contact details provided in Amey newsletters.

As this is not a transfer of staff under TUPE, personnel files including such information as disciplinary and grievance records will not transfer to Amey.

Pay and conditions

Pay

Amey are proposing to offer staff Amey contracts of employment with the same basic pay as Carillion but with a 2% increase.

TSSA has challenged proposals to transfer staff on four-week rosters to monthly pay. Amey are considering whether they can accommodate four weekly pay to help avoid additional complications for new starters.

Terms and Conditions

TSSA has requested copies of the terms and conditions of employment, which are still being finalised, before individuals start with Amey. The company said they do not plan to dilute conditions and intend to make “fair and reasonable offers” to staff.

Cars and other equipment will be offered according to Amey conditions but where Carillion terms are more generous, these will continue e.g. until vehicle leases expire. One to one meetings can provide individual detail on eligible benefits.

Hours of work will normally be honoured, in some cases these will reduce, e.g. Plain Line contract will reduce to 35 hours. Our reps have been advised verbally of overtime enhancements etc.

Collective Bargaining

Staff in grades equivalent to those covered by Amey collective bargaining will be covered by the national collective bargaining agreement.

Travel facilities

Residential travel facilities will be retained as eligible staff are leaving Carillion due to redundancy. Amey are reviewing their quota of status passes before confirming whether these can be offered to all current holders.

Pensions

Staff who do not have pension rights conferred by the Railways Act 1994 will be entered into an Amey defined contribution (DC) pension scheme. This includes members of Carillion sections of the Railways Pension Scheme (RPS) who do not have legal rights under the Railways Act, such as those who entered service between privatisation and 2003. The company offer different DC contribution rates for different grades.

Staff with a legal right to RPS membership will be enrolled in the Amey Owen Williams section as new entrants. The company say that they will not allow any benefits to be transferred from Carillion sections to Amey sections. Amey propose to require protected members to waive their rights to protected status as a condition of any offer of employment. We are seeking legal advice on this matter but as TUPE does not apply we may be unable to force Amey to take on additional pension liabilities as they are not obliged to offer employment to any Carillion staff.

Help and support available

Members will have questions and concerns at this unsettling time. Please contact our members’ Helpdesk or your reps for details. Many staff currently on personal contracts will enjoy the benefits of collective bargaining under Amey, with collectively negotiated pay and conditions and the right to elect representative. Please share this circular with colleagues and encourage anyone not already in a union to join TSSA online at www.tssa.org.uk/join

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