TfL - Sub-contracted employment arrangements

Head Office Circular: NP/283/21
03 August 2021

To: The Secretary
ALL LONDON TRANSPORT BRANCHES
LONDON TRANSPORT REGIONAL COUNCILS

Dear Colleague

Further to circular NP/084/21 of 18th March 2021, I have received a report from the Lead Officer supporting campaigning proposals in respect of contractor protection staff and legal advice in respect of new contracts issued by Cleshars. Considering this report, the National Executive Committee resolved the following at its meeting on 27th July 2021:

“We note the report from our lead officer and the work done by the LU Engineering branch on this matter.

We commend the branch for progress achieved in addressing the issues of concern for our members regarding the new Morsons contract.

While Morsons have decided not to utilise IR35 arrangements this year the threat remains in the future. We also note that Cleshars have asked those protection staff members, who work for them, to sign a contract stating that they are not employees.

RMT maintains our demand that all workers who work on TfL operations or infrastructure should be directly employed with full TfL/LUL terms and conditions.

We also recognise that our members need advice and information about current arrangements and that these matters impact on members working for Cleshars, Morsons and other employers who carry out sub-contracted work for TfL/LUL.

RMT supports all members being employed with full employment rights and demands that any additional costs from a transition to the status of employee is borne by the employers.
The NEC Endorse the demands in the report (bullets 1-8) and seeks updates on the progress of negotiations.

In line with outstanding actions from our previous decision NWW 16/3/21 and the further report from our officer the General Secretary is instructed to:

1. Open a new file named, “TfL - sub-contracted employment arrangements” and place a copy of the officer’s report and this decision onto that file.

2. Provide all reasonable assistance to the LU Engineering branch and LTRC in building a political campaign to support our Morsons & Cleshars members. This will include raising matters with our parliamentary group and organising demos/events both face to face and on-line.
3. Produce an IR35 advice pack (cross referencing with file on IR35 and inshore diving sector).

4. Provide legal assistance to members regarding their employment status.

LTRC and branches to be advised.”

I trust this keeps you fully advised, and I will inform you of any further developments on this issue when they arise. I would be most grateful if you could please bring the contents of this circular to the attention of your members.

Yours sincerely

Michael Lynch
General Secretary