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TSSA Update on TUPE Transfer

1 July 2011

All LU staff should be in receipt of information pertaining to the transfer of activities from London Underground to TfL and the reasons LU provided based upon the business objective, to create a single led organisation managed within TfL. The transfer involves a total of 1463 staff from support functions and is taking place in two phases.

All LU staff should be in receipt of information pertaining to the transfer of activities from London Underground to TfL and the reasons LU provided based upon the business objective, to create a single led organisation managed within TfL. The transfer involves a total of 1463 staff from support functions and is taking place in two phases.

The first phase involves a total of 94 HR staff who will transfer across to TfL on Monday 4 July. All other support staff in Finance and Support, Strategy & Commercial, HSQE, PMO and Benchmarking Team (CPD) and Customer Service Centre Team will transfer on 27 July.

Meetings of consultation are underway with the unions regarding the transfer of activities. However, the process adopted by LU has been designed to exclude full time Officials and is not compliant with TUPE Regulations (Transfer of Undertakings [Protection of Employment] Regulations 2006). LU has failed to consult meaningfully and the meetings have so far been unproductive, directly as a result of LU’s disregard for the issues raised by TSSA.

As a result of representations made, as the TSSA full-time official, I am now attending these meetings. LU has tried to insist that I am only present as an ‘observer’. This is unacceptable and I can assure TSSA members that my role has been none other than hands on. LU has been made aware, in no uncertain terms of their failings.

TSSA has continued to remind LU of their legal obligations to the staff they employ. TUPE regulations give rights to the representatives of recognised trades unions, which undoubtedly gives recourse to those same representatives, where the deliberate actions of the employer mean that those rights are being denied.

Late yesterday, TSSA learned of a meeting called by TfL to take place on Tuesday 5 July at 1400hrs. The purpose of this meeting is to trigger a reorganisation of those HR staff transferred on the previous day. As a result, LU is required to provide the unions with information about any such measures (such as a reorganisation) in good time before the transfer takes place to allow for consultation. LU failed to do this. TfL has also failed to formally notify TSSA of their plans and it was left to a TSSA representative at TfL to bring this information to our attention. This is a serious matter and it was raised at the meeting held earlier today.

In addition, there are a number of other outstanding matters that LU has failed to address and which breach TUPE regulations. For example, TSSA has repeatedly requested the following information:

  • A defined list of staffs’ contractual entitlements which will transfer
  • Evidence to support LU’s position regarding those policies, procedures and collective agreements that they do not consider contractual
  • Any known measures that may be taken with regard to the transfer (such as a reorganisation)
  • Any implications in reference to pension provisions

This is not an exhaustive list and other issues have been raised directly with LU’s Director of Employee Relations in letters of correspondence.

There are also disagreements over staffs’ contractual entitlements. Contractual entitlements and all collective agreements should remain the same, as protected terms under TUPE. All policies and procedures connected with the transfer should transfer with the employees. LU refutes this and we have asked them to provide supporting evidence in defence of their claim. To be succint, the designated LU management team leading the consultation has demonstrated little knowledge of TUPE. They are not co-operating with the union’s requests and continue to avoid entering into any real dialogue.

TSSA is taking this very seriously and we are considering what courses of action will need to be taken in this regard. Due to the seriousness of these matters and legal implications arising from them, LU has been pressed to respond in writing by 4 July, ahead of the transfer. A request has also been made to hold an urgent meeting on Monday, 4 July to address these matters.

The principle issues aforementioned apply to all staff in scope of the transfers taking place on 4 and 27 July respectively.

We will keep you fully informed of any developments and please ensure to contact your TSSA representatives for further information and updates. Click here for an Employee Fact Sheet and contact list.

In addition, TSSA has requested workplace meetings to be arranged and in the absence of this happening, we will be calling a meeting for all members to attend, to allow you to put forward your own views and concerns.

Lorraine Ward
TSSA Senior Regional Organiser

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