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Colas Rail Doclands Railway employees transfer to Keolis/Amey

30 October 2014

TSSA recently requested Colas Rail and Keolis/Amey to arrange the programme of TUPE consultation meetings relating to the above transfers resulting from the awarding of the Docklands Light Railway Franchise to successful bidders.

 

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 Colas Rail the transferor and Keolis/Amey 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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