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DB Cargo – Wakefield and Trafford Park Terminals to TUPE to Maritime Transport

26 February 2019

The first stages of formal consultation took place earlier this week between DB Cargo and your TSSA staff reps on the TUPE (Transfer of Undertakings Protection of Employment Regulations 2006), for both Wakefield and Trafford Park Terminals. DB Cargo have sold their Intermodal business to Maritime Transport which includes contracts, buildings/Terminals and staff. Basically, this means the whole operation is to transfer to Maritime, lock, stock and barrel.

TUPE ensures employees have the right to follow their work into the new employer and protects their length of service, contracts, T&Cs, working arrangements, salaries, and trade union recognition. Pensions are not covered by TUPE, however TSSA shall be seeking what arrangements will be offered to staff that TUPE transfer.

DB Cargo have confirmed that all RTS/RO staff at both locations are in scope to transfer, and the transfer date is proposed to be 1st April 2019. Maritime Transport will take control of the Terminals, work and staff from this date.

During the consultation process we shall be asking DB Cargo to provide a list of names of staff they believe to be in scope, copies of your contracts, T&Cs, roster arrangements and agreements, any flexible working agreements, and any other agreements that exist that need to be transferred. It is extremely important that we ensure the correct documents transfer for you for your protection.

When we meet Maritime Transport at the next consultation meeting your staff reps will be seeking confirmation form them that they do not intend to make any redundancies once the transfer has taken place, that they do not intend to make any changes to your current policies and procedures including sick pay, redundancy arrangements, contracts of employment, T&Cs, working practices, rosters, pay dates etc. TUPE only gives the protection and right to transfer, it does NOT protect you indefinitely or protect your contacts and T&Cs from future changes made by the new employer. Most importantly we will want confirmation that Maritime will continue to recognise TSSA for the purposes of collective bargaining post transfer so that we can continue to represent you and your interests.

The next meeting is scheduled for 28th February. Please ensure you speak to your reps and pass on any questions, comments or concerns to them so that they can raise them on your behalf at this meeting. I will issue another circular after 28th February.

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