During the TUPE talks for certain staff from LUL to be transferred into TfL, LUL continually stated that the PPP Code of Best Practice was non-contractual.
Your union was able to obtain information that clearly showed that that was not the true position and not only that, but, that the LUL negotiating team was fully aware that this was the case.
Email evidence was given over to LUL that stated that the companies legal advice had been that the PPP Code of Best Practice was indeed a contractual right.
So why would they lie to us?
The Code itself contains many safeguards that need to be abided by during any transfers. LUL have not done this. Furthermore, it also contains a clause called Annex H that is more familiarly known as the ‘Jobs for Life Deal’. This agreement means that a person must be offered a suitable job and therefore cannot be made compulsory redundant. Even today, LUL still maintain that this is a purely aspirational principle and not contractual, which is as sad as it is funny as that section of the document contains the phrase, this is contractually binding!!!
The RMT has demanded to know why the company has mislead its staff during these talks and want writing explanations as to how they intend to correct this matter.