Our Ref: BR1/15/1
19th February 2018
CLOSURE OF OLD OAK COMMON & SWANSEA DEPOT – SERVEST (GWR CONTRACT)
I have received a consultation document from Servest in relation to your job if you are currently employed by Servest at Old Oak Common or Swansea depot who are assigned to High Speed Trains (HSTs) operated by the GWR Train Operating Company (GWR).
As you may be aware, HSTs are being phased out by GWR and will be replaced by Intercity Express Trains (IETs). The IETs are being run and maintained by Hitachi who has commissioned new depots where the trains will be serviced. Hitachi has however made a decision to contract out the cleaning of the trains to a sub-contractor called ISS.
At present it is uncertain as to whether your employment is going to transfer from Servest to Hitachi or ISS. The RMT believes that the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) should apply to this situation, which would protect your current terms, conditions and pay.
I understand this is obviously causing you significant concern as your livelihood depends on you continuing in employment. Therefore, I have raised these concerns with all companies involved in the hope that some common sense can prevail and our cleaning members can be told precisely what will happen when the contract you currently work under transfers. At the time of writing, I can report that I have received responses from GWR and Servest.
Despite GWR and Servest indicating to us that you should be transferred over to ISS or Hitachi, retaining your service and terms and conditions, both ISS and Hitachi at this stage are refusing to accept the positon. The RMT finds this situation totally unacceptable. Therefore, I am seeking further advice on where we now stand legally given the fact that ISS refuse to accept that TUPE applies.
Once I have received the legal advice from our Solicitors I will provide a further update on the situation.