With the announcement of outsourcing and redundancies at LGW this week, it is important that we write to you to update you on what your GMB Reps and Officers will be doing in the coming weeks and months.
For those members who may be at risk of redundancy:
The formal Redundancy Consultation process between the company and the Trade Unions will commence next week. The company has a legal obligation to consult with the Trade Unions for a minimum period of 90 days. Under TULRCA (Trade Union and Labour Relations (Consolidation Act), employers are obliged by law to meaningfully consult about ways of:
- Avoiding redundancy;
- Reducing the number of employees to be dismissed; and
- Mitigating the consequences of the redundancy
These discussions will include, seeking enhanced VR options for those who wish to leave the business, seeking alternative roles within BA for those who are displaced, substitutional severance schemes, exploring further part time working options on a voluntary basis and options for voluntary unpaid leave.
As a matter of course, we would expect BA to halt all external recruitment both at LGW and LHR for jobs which could be filled by our members at risk of redundancy.
During the redundancy consultation, the process for selection for those at risk of redundancy will also be discussed. This is a highly emotive subject. The GMB are committed to consulting fully with all of our affected members and your views will be taken into account.
GMB are also committed to offering every assistance possible to colleagues who are displaced at the end of the process and wish to use the Career Transition service to seek an alternative role within BA.
Once formal consultation has started with the company, we will set up a number of workplace meetings for our members to listen to your views and try to help address your concerns.
For those members who have been told their job is being sub contracted out of BA:
Formal consultation with the company will also start next week. Anyone who has been told that their job role will be contracted out to a third party is covered by the TUPE regulations. (Transfer of Undertakings Protection of Employment).
In basic terms, the TUPE regulations mean that where a business or part of a business changes hand, it’s employees have a legal right to transfer with it and keep their existing terms and conditions. However, there are some exceptions, occupational pensions do not transfer and some changes may be allowed for economic, technical and organisational reasons or in the case of insolvency.
There is no time limit to protection under TUPE, although the more time that passes, the easier it is for an employer to demonstrate that they need to make changes for economic, technical or organisational reasons, and not because of the transfer.
As yet, the unions have not been informed who the third party contractor/contractors will be.
BA’s current position is that those whose job roles are going to be subtracted to a third party will have the option of either:
- Voluntary Severance
- TUPE Transfer to third party company
Through the consultation process, your GMB reps and officers will do our upmost to secure as many other options for our members as possible, for example, we want BA to offer our members the choice of redeployment through the career transition service.
The TUPE regulations are complex, and again we will set up work place meetings for you to meet with your reps and officers as necessary.
GMB are committed to securing as many jobs for our members within BA as possible, and we will keep you fully informed as things develop.
Nick Hallett Gavin Davies
GMB Lead Rep LGW GMB Regional Officer Responsible for LGW