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

11 December 2014

TSSA was recently informed by Colas Rail of the transfer of High Output to Network 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 Network Rail. A number of assurances were sought from Network Rail regarding the transfer that will possibly take place at 23.59 hours on 31 March 2015. Set out below are the responses from the employer to the various issues raised:

· Employees will retain their existing terms and conditions.

· Collective bargaining representation will be retained by the trade unions on behalf of employees and Network Rail agreed to discuss the new representation body following the transfer. Network Rail will also respond on which part of Network Rail the High Output will be included following transfer - it may stand alone.

· Network Rail wants to adopt Network Rail policies and procedures for those employees transferring. TSSA raised the question of contractual procedures i.e. the Discipline and Individual Grievances procedures.

· Protected status employees will be able to join the Network Rail Section 60 of the Railways Pension Scheme (RPS). Those with an Indefeasible Right will be able to join the Network Rail Section 65 of the Railway Pension Scheme. TSSA objected strongly to those with an Indefeasible Right not being allowed to join the RPS 60 section. Those who have more than five years’ service and not in the above categories are to be offered membership of the Railway Pension Scheme 65, the Network Rail CARE Pension Scheme or the Network Rail Defined Contribution Pension Scheme. Those with less than five years’ service will be offered membership of the Network Rail CARE Pension Scheme or the Network Rail Defined Contribution Pension Scheme and then be invited to join the Network Rail Section 65 of the Railway Pension Scheme after five years continuous service.

· There are no proposals to change the current structure or number of employees.

· BR protected employees transferring will retain their travel facilities. Transferring employees who do not have protected travel will be offered the Network Rail season ticket benefit following the transfer.

· Network Rail has different weekly pay cycles to Colas and do not pay employees on a monthly basis. Network Rail will inform us at the next meeting how they propose to support employees through this transition. TSSA has drawn Network Rail’s attention to the fact that we have in place a two- year pay agreement of which the second year would be implemented in April 2015.

· There will be new mobile phones, lap tops and vehicles provided to use on the first day of transfer. Some of the vehicles are being replaced through the transition to the transfer. It is hoped to retain existing telephone numbers. The current existing PPE will be retained which shows High Output on it and any showing Colas Rail will be replaced. Company policy is that vans can be taken home but must only be used for company business.

· Network Rail is confident that employees will still be located at the same depots, but there may be the odd employee who is based in the premises of Colas Rail.

· Colas Rail confirmed that they would investigate whether there were any long term Higher Grade Pay issues that require to be resolved before the date of the transfer.

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

· Contractual private healthcare currently available to Colas Rail employees will be replicated.

· The transfer has been safety validated.

Representatives from Network Rail will meet transferring employees at road shows before the date of transfer in early 2015. Any members with any further questions should contact the TSSA helpdesk or their representatives for advice. I will also inform you of further consultation meetings due to take place.

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