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Colas Rail Employees TUPE Transfer to Babcock Rail

1 July 2014

TSSA was recently informed by Colas Rail of the transfer of plain line renewals Western & Wales areas to Babcock Rail.


Part of the transfer process requires consultation to take place with representatives of the employees – the trade unions. This meeting took place with joint representation from Colas Rail and Babcock Rail. A number of assurances were sought from Babcock Rail regarding the transfer that will possibly take place at 00.01 hours on the 29 July 2014. Set out below are the responses from the employer to various issues raised:

1) Employees will retain their existing terms and conditions.

2) Collective bargaining representation will be retained by the trade unions on behalf of employees and Babcock Rail agreed to discuss the new representation body after the transfer.

3) Babcock Rail agreed to adhere to the Colas policies and procedures for those who are transferring.

4) Indefeasible rights and protected status employees will be able to join the Babcock Rail Section of the Railways Pension Scheme (RPS). In the past Babcock has also allowed other members of the RPS to join their Section of the RPS but will examine the liability first. TSSA objected strongly to this and argued that this should apply to all those currently contributing to the RPS regardless of status. Babcock will give their response on this at the next meeting.

5) Those currently in the Colas Rail Defined Contribution scheme will be allowed to join the Babcock Rail Defined Contribution Scheme.

6) There are no proposals to change the current structure or numbers of employees.

7) BR protected employees transferring will retain their travel facilities.

8) Babcock has different weekly pay cycles to Colas and do not pay employees monthly. Babcock will inform us at the next meeting how they propose to support employees through this transition.

9) New PPE, mobile phones, lap tops and vehicles will be provided to use on the first day of the transfer. Babcock Rail will also look at whether an individual has a contractual right to a company car or whether it is a requirement of their job. Where currently a van is provided, this will continue. Company policy is that vans can be taken home but must only be used for company business.

10) Babcock Rail is confident they will still be located at the same depots.

11) Colas Rail said they want to try and resolve all vacancies’ issues before the date of the transfer, especially where this involves long standing Higher Grade Pay cover and arrears of pay.

12) Senital Cards: It is believed that agreement has been reached that all employees transferring will not be have to be Drug & Alcohol tested.

13) The transfer has been safety validated.

Representatives from Babcock Rail will meet transferring employees on a one to one basis after the date of transfer. Any members with any further questions should contact the TSSA helpdesk or their representatives for advice.

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