TUPE TRANSFER, COATBRIDGE TERMINAL – FREIGHTLINER LTD TO RUSSELL RAILROAD

Our Ref: BR3/15/10

 

5^th April 2024

 

 

Dear Colleague

 

TUPE TRANSFER, COATBRIDGE TERMINAL – FREIGHTLINER LTD TO RUSSELL RAILROAD

 

Further to my previous correspondence with regards to the above matter, I can now advise you that I have received an update report from the Lead Officer indicating that consultations have been ongoing over the proposed TUPE Transfer. The Lead Officer has provided a summary of what was discussed at a recent meeting held on the 2^nd April 2024: 

 

“Transfer Date & Time:

15.00 hours on Saturday 13^th April 2024

 

Pension Provision:

All non-protected employees would be eligible to join the Russell Group Pension Plan, which is a defined contribution scheme, with contributions at 6% ER and 4% EE.

Two protected status members, within RMT spheres, will be leaving the employment of FL under settlement agreements, due to the refusal of RRL to accept liabilities within the Railway Pension Scheme Omnibus Section, these two employees maybe re-employed by RRL at a later date.

Life Assurance currently this is 4x salary under the RPS, however under the RRL GPP scheme life assurance is only £10k.

Members may wish to consider purchasing alternative benefits for life assurance.

All attempts to improve pension provision were unsuccessful, this included an improved DC scheme, admittance to the closed DB RRL scheme on a one-off basis, agreeing for all employees to be in the RPS Omnibus Section, or RRL applying to the RPS trustees to have a stand-alone section, I appreciate the loss of pension provision will be disappointing for members, as TUPE legislation doesn’t not protect members.

 

Pay Cycles:

These would move to weekly pay from 4-weekly pay for RMD & LGV Road Driver Grades.

All other grades would move monthly pay from 4-weekly being paid on last Thursday in every month.

 

Holiday Pay Allowance:

FL will back holiday pay allowance on 19^th April 2024, for the period ending 1500 on 13^th April 2024.

RRL will pay holiday pay allowance when holiday is taken going forward.

 

Recognition and Collective Agreements:

The FL 1995 procedure agreement will transfer and any contractual collective agreements in place, non-contractual agreements such as the Road Driver Accident and Retention bonus would not transfer.

 

Terms and Conditions:

For all employees in scope circa 60, All contractual terms and conditions would transfer, such as Red Book, Green Book, LGV 2022 T&C’s, MSO 2005 agreement, 1982 Wages Grades, PTR&R. Technician A&B principles.

New entrants employed by RRL will fall under RMT recognition, the company wishes to negotiate new entrant terms with RMT.

 

Policies:

RRL policies will apply going forward, except where there are contractual entitlements.

 

2024 – Pay and Conditions:

As no agreement will be reached with FL by the transfer date, negotiations will take place with RRL commencing 18^th April 2024, this would include the tabling of improving pension and life assurance.

RRL have stated they will honour the anniversary date of 1^st January 2024.

 

Commercial Work for Road Drivers:

FL have entered into an agreement for RRL to do all the current FL commercial work for the next 3 years, which is the maximum period allowed before tendering must take place.

 

Safeguarded Travel:

This would remain in place for affected employees.”

 

The matter has been subject to recent consideration by the union’s National Executive Committee, who thank our Lead Officer for the comprehensive report and has asked to be kept informed of any further developments that may arise.

 

I trust this keeps you fully advised on the matter and I will, of course, update you on any further developments.

 

Yours sincerely

 

Michael Lynch

General Secretary