Can I be re instated as safeguarded staff?

[gooson]

Hi , I did a 4 year engineering apprenticeship with British rail from 1992 to 96, at the end no jobs were available so I was made redundant or end of contract really! After less than 2 years I was then re employed by first great western in the same job/location as before and am still working there now, so have a 4 year service and now nearly another 17 Years service. During this 17 years I have not been safeguarded but now someone has mentioned that as I was out of the railway for less than 3 years I should have got my full benefits back?? Didn't know if anyone could shed any light on this? Thanks in advance

 

[steamybrian]

In my BR days it was my understanding that 6 months after leaving you entirely sever all conditions. As there was a 2 year gap in railway service then in my opinion you have lost your rights.

 

[furlong]

The rules are complex, but it sounds unlikely to me. Was it formally classed as redundancy and were you unemployed for the two years in between? If you'd have 20 years' continuous service before being made redundant, the answer might have been different, but just 4 years and 'end of contract'? Ask RSTL (rstl @ atoc.org) on 0800 652 1700 if you want to find out for sure.

 

[gooson]

We have a so called green book of workshop terms and conditions in work , in there it says if the end of an apprenticeship should be classed as made redundant if no posts are available, i'll get a screen shot of that section in a bit and post it

 

[gooson]

This is a screen shot of the section, hope you can read it!!

 

[306024]

Would like to be proved wrong (for your sake), but I've never heard of the 3 year rule you mention. Like Furlong, I only know of the 20 year rule but it is what ATOC says that counts rather than anything on here, so call them as suggested.

 

[gooson]

Ok thanks , couldn't get through today so try again tomorrow, cheers

 

[CyrusWuff]

Looking at the various rules and regs, it would appear that you would need to have completed five years of service with BR to be entitled to retain (leisure) facilities following redundancy AND you can't have worked for a company that doesn't offer staff travel (though it doesn't say whether that's solely within the rail industry or in general) prior to joining FGW to retain Safeguarded status.

As for not being able to get through to RST today, their part of the ATOC site mentions that they were having a staff training day.

 

[gooson]

Ah ok, thanks for your help, i'll give them a call tomorrow and maybe get our union rep to ask the question too , cheers

 

[pdeaves]

Like you I did a BR training scheme (1991-1995, so the year before you) and was caught at the wrong time with a lack of posts to move into. I have asked a similar question to you over the years but got absolutely nowhere getting a favourable (to me) response. The rule seems to be '6 months or less'; I was out of the industry for 9 months! The union I was with was unable to help as there had been no breaking of the rules or other issues on which to base a case.

If you *do* strike it lucky, then post all the details here with names, etc. I expect there will be hundreds of folk wanting to take similar action based on your precedent!

Don't hold your breath...

 

[gooson]

I did loosely ask the union rep a few years ago but he wasn't forthcoming at the time, it's only now that we have issues at our depot with a lack of work due to new trains coming and the threat of redundancy and relocation has arisen that the green rule book has been read through and now he thinks I might have a case! I'm not sure what other benefits being safeguarded are involved as well as just the travel passes on all tocs? It might benefit me regarding keeping my job etc.

 

[Mag_seven]

someone has mentioned that as I was out of the railway for less than 3 years I should have got my full benefits back

Sounds suspect to me - could the person who told you this offer you any written evidence of this? Seems like a call to ATOC (as suggested by other posters) is the best course of action in the 1st instance. Let us know how you get on.

 

[ChiefPlanner]

I can think of someone who was retired -- having been made redundant -came back , (not having worked elsewhere) - but got full facilities restored. ATOC will judge each case on individual merits. ....

 

[gooson]

That's interesting chief planner, instead of ringing atoc direct I think maybe it's best to let my human resources/union try and make contact, it might sound better from them