Our Ref: HC/15/10
13th May 2019
TUPE TRANSFER, SOUTH WESTERN RAILWAY ON BOARD CATERING CONTRACT – RAIL GOURMET TO ELIOR UK
Following your TUPE Transfer to Elior UK in February I wrote to you on 20th March about Elior’s proposals for your terms and conditions and also to advise that the Union would be seeking legal advice on whether Rail Gourmet’s failure to consult with RMT over this transfer is a breach of the TUPE Regulations.
This legal advice has now been received and it states that the merits of such a claim will depend upon whether Rail Gourmet was informed of the proposed changes by Elior. However, in any case, as Elior have discussed the proposed changes with the RMT this is likely to undermine a claim for the failure to inform and consult. Even if a claim for the failure to inform and consult against Rail Gourmet were successful it is likely to be a hollow success as the Tribunal are likely to award very little, if any, compensation to our members.
The National Executive Committee has considered this matter and taken the decision to inform members of the legal advice received. If any member does still wish to pursue a Employment Tribunal Claim they would need to advise ACAS and submit a claim by 20th May 2019 as this will stop the timeline set out in Employment Tribunal (3 months less a day from the date of the transfer). An ACAS notification form can be completed on the ACAS website which can be found using the following link. https://ec.acas.org.uk alternatively you can contact ACAS by phone on 0300 123 1100. You will also need to complete an L2 form to seek legal assistance from the Union and you can get this from your RMT Regional Office or by calling the Freephone Helpline number on 0800 376 3706.
Separately, I will be seeking further information from Elior regarding the staff discount card, refreshment facilities for staff, travel concessions and other concessions in the future. I will of course keep you advised of all further developments.
Yours sincerely Mick Cash General Secretary