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Colas Rail TUPE (Transfer of Undertakings Protection of Employment Regulations) transfer of High Output Renewals to Network Rail

15 January 2015

A further meeting has been held with Colas Rail and Network Rail but there still remains some outstanding issues requiring clarification.


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

· The transfers will now take place at 23.59 on 26th March 2015.

· The transferring employees will be placed into two parts of Network Rail. The production will go into IP Track and the plant will go into NSC. However Network Rail does not have an operating licence to run trains and is applying for that licence which may take a year to achieve. Until then Network Rail will procure On Track Machines (OTMs) from Amey/Colas and those employees will transfer next year. On the other hand those that maintain the OTMs will transfer in March 2015 but be seconded back to Amey/Colas.

· There will be auto enrolment into the Network Rail’s pension schemes, but clarification is been sought into which scheme an individual will be enrolled.

· Network Rail will honour the two year-pay award for Colas Rail employees transferring. Clarification on pay awards after that are still under discussion.

· Further discussions are to take place on Collective Bargaining, staff representation and existing procedures and policies.

· Annual leave will transfer over as it is now as both employers use the same April to March annual leave year.

· There are still discussions occurring over the four-weekly pay cycles and the transfer of those on monthly to four-weekly pay. TSSA emphasised the need to ensure no one transferring will have a shortage of pay because of gaps in pay cycles and therefore we will be seeking bridging loans if that is the case. There is also the issue of outstanding loans held by some employees.

· Colas Rail said they are still trying to resolve all vacancy issues before the date of transfer, especially where this involves long standing Higher Grade Pay cover and arrears of pay. Please note that those who have not had their issue resolved should submit a grievance.

· All transferring employees should have High Output branded PPE before the transfer.

· Employees who are working in Colas or Amey buildings will move to Network Rail buildings. It is believed that this only concerns three people.

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