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TSSA Update on Virgin & First Trenitalia Transfer

4 October 2019

Over the next two months, and before the transfer of staff from Virgin Trains to First Trenitalia on 8th December 2019, your TSSA representatives will be working to ensure that the transition is smooth, seamless and causes you as little disruption as possible - the first formal consultation meeting is due to take place on Tuesday 15th October

Your union has already written to both companies with a list of questions regarding the TUPE (Transfer of Undertakings, Particulars of Employment – the legislation which is observed in these situations).

Whilst not expecting any difficulties, we are nevertheless seeking formal assurances from the transferee (Virgin) and the transferor (First Trenitalia) regarding a number of issues including uniforms; equipment; working arrangements and the transfer of the collective bargaining agreement which exists between TSSA and Virgin.

We shall be also seeking reassurances from First Trenitalia that any staff on contracts which expire before the transfer date are retained and employed by the new company going forward.

Any of those staff in management grades, which are not covered by the collective bargaining agreement, will have an opportunity to appoint colleagues to represent them at talks.

Please note that If you do not wish to transfer you have the right to object to the transfer, however, the result of this would in all probability be that you will have been deemed to have effectively resigned from your job and your employment would terminate on 08 December 2019.

In such circumstances it is very unlikely that you would have any claims against First Trenitalia or Virgin Trains and you would not be entitled to any redundancy payment, severance or payment in lieu of notice.

TSSA company council representatives have already received specialist TUPE training from the union’s legal department in order that they can represent the interests of members to the greatest possible degree.

If you have any concerns about the transfer to First Trenitalia please speak to your local TSSA rep within Virgin or call the TSSA Helpdesk on 0800 328 2673 or email helpdesk@tssa.org.uk.

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