Row as Tube boss bans hire of Metronet workers

Union leaders are seeking urgent talks with London Underground (LUL) after a leaked email revealed a blanket ban on employing Metronet workers at LUL.

The email, leaked to CJ last week, is from London Underground managing director Tim O'Toole to senior LUL managers. It orders managers "to ensure that no job offers are issued in your directorate to persons engaged by Metronet across all levels".

O'Toole adds: "I will talk to Peter Hendy and others in Transport for London (TfL) to see if we can establish an equivalent position across the TfL group."

He cites "safety" and "stability of operations" while Metronet is in administration as the key drivers for the ban.

The Rail, Maritime and Transport Union (RMT) condemned the ban. RMT regional organiser Brian Whitehead told CJ: "This is absolutely disgusting. There are 5,000 Metronet workers with their jobs in jeopardy and LUL is trying to prevent them finding secure employment. We are seeking an urgent meeting with LUL and the Mayor of London and consulting our lawyers. We believe this ban is a contravention of Metronet workers' rights."

The email reveals LUL's concern that Metronet could begin haemorrhaging staff. O'Toole states: "We do not want to aggravate Metronet's position." The ban applies to all full- and part-time employees, secondees and consultants. O'Toole acknowledges that LUL managers are struggling to find "suitable staff", but warns against LUL staff finding ways around the ban, "for example, by suggesting they resign so that they are no longer technically employed".

LUL confirmed the ban. It stated: "As a short-term measure, London Underground has implemented a moratorium on the recruitment of employees from both Metronet companies."

But it denied union claims that the moratorium is illegal. A LUL spokesperson said: "As far as we are aware, this does not breach any employment or other laws. What we seek to avoid is an exodus of staff from Metronet to London Underground."

Employment lawyer Denham Bell of Mundays said the legality of the ban is open to interpretation. "It does not appear to me that LUL is doing anything that is not legal, but there is still a risk it is taking action that is discriminatory."

The RMT said it will contact Tube Lines and other Tube suppliers. "We want to know how far this ban goes," said Whitehead.

A Tube Lines spokeswoman said: "Tube Lines has never directly targeted Metronet staff to try to recruit them, nor would we. In line with the Code of Practice for PPP Transfers, we have been requested by Metronet to provide a list of vacancies that could be considered by potentially displaced staff. That is also available on our website."

Tim O'Toole's leaked email letter to senior LUL managers, in full

Dear All,

As you are aware, the stability and safe running of Metronet through the PPP administration is my key concern. I am therefore requiring you to ensure that no job offers are issued in your directorate to persons engaged by Metronet across all levels.

I appreciate that many of you have had difficulties recruiting suitable staff, that you fear the skills will move outside the TfL family or down the supply chain and that this could be unfair on individuals. Putting all this to one side, we do not want to aggravate Metronet's position. There are other steps we will take with the administrators to help Metronet staff believe there is a positive future but in the meantime, this is one step we can take until a stable situation is achieved.

There are a number of possible exceptions that have been proposed and we could spend a lot of time defining the exceptions. However, this situation is not going to apply for a long time. The rule of thumb is that if they are an employee (permanent/temporary), secondee or consultant engaged by Metronet, we should not take them on at all unless they have been clearly stood down by Metronet. We should not allow our staff to look for ways round it - for example by suggesting they resign so that they are no longer technically employed.

I will talk to Peter Hendy and others in TfL to see if we can establish an equivalent position across the TfL group.

Tim

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