The dispute on South Eastern Trains continues and the company have offered talks which we of course have accepted, although no date has yet been set.

The campaign has now been extended to cover all our members in TOCs which are now involved in the current programme to restructure the rail franchises.

We are seeking from all of the companies listed above guarantees in respect of all existing staff variation of the contract of employment of each so as to guarantee to each the following:

1. He or she will never be made redundant compulsorily;
2. He or she will continue to enjoy full 1997 PT&R entitlements;
3. His or her pension rights and obligations will never be worsened;
4. No changes will be made to any term or condition of employment without the prior agreement of this union;
5. No changes will be made to staffing levels or numbers without the prior agreement of this union.

It is the view of this union’s members that remaining employed by the above employers is the best assurance that these guarantees will apply for the future. That is why we also seek from them an undertaking that these employers will not permit their current workforce to be transferred to another employer and that those listed above retain the existing workforce in their employ.

One factor in requiring these employers to amend the members’ contracts of employment in accordance with the first five demands above is that if at some point in the future we fail to prevent transfer of our members to a new employer the effect of TUPE should be to transfer the contracts with the benefits of those amendments so making it harder for any new employer to worsen terms and conditions or to cut staff. That consideration does not diminish our members’ desire to enjoy the benefits of those amendments to their contracts whilst they remain employed by their current employer.

We hope that these companies will concede the five points plus the demand that they retain the existing workforce in their employment. However, unless they do not formally and unequivocally concede the five points and the demand to retain the existing workforce in their employ by Tuesday 6 December 2005 this union will be in dispute with them.

I will of course keep branches informed of all developments.

Yours sincerely

Bob Crow
General Secretary