In similar situations in the industry over the last decade, good employment practice has been applied and all affected personnel have transferred over to the incoming contractor. By doing this, staff have their terms and conditions protected as well as retaining continuity of service. This is in keeping with the EU Directive; Transfer of Undertakings (Protection of Employment) Regulations, or TUPE. However, in this case and for no apparent reason, good employment practice is not to be applied. Instead, workers have been told by Petrofac that; TUPE will not apply; workers will have to apply for a job; if they are successful it will be on different terms and conditions; there will be no continuity of service. Wood Group initially indicated that transfers would occur in accordance with TUPE, but the company is now saying nothing, despite requests for information from OILC/RMT. The workers have effectively been abandoned.
Jake Molloy, RMT Regional Organiser, said; “This is an appalling way to treat working men and women. Apache could and should intervene here to protect these workers hard earned rights, some of whom have over 20 years of service in the Forties Field. Apache’s refusal to intervene can only mean they lie behind this outrageous action and have likely instructed Petrofac to act in this manner. Action like this belongs in a by gone era! This style of industrial relations is a throw-back to the old American ‘kick-ass’ mentality management style which we witnessed in the early dark days of this industry. It has no place in today’s employment arena”
Molloy went on to say; “Earlier this week I had sight of an email sent by the Apache Regional VP and Managing Director, Jim House, where he talks to Apache staff about incentive bonus payments and says – “I have no doubts that all are aware that the North Sea Region is having an excellent year and potentially could break all the previous production records set during Apache’s tenure as operator of the Forties Field.” – Well I’m delighted for Mr House and his staff, but it is shocking that contract staff who have contributed to this success should be exploited in this way. I have requested information from Mr House as to why these workers are being treated this way. He has failed to respond.”
OILC/RMT has a number of affected members on this contract and they are currently being advised by the union’s legal team on their options to fight this. In the meantime efforts will continue to open discussions with all parties in order to find an amicable solution and protect the employment of these workers.
ENDS.
For further information contact Jake Molloy on 01224 210118 or email; j.molloy@rmt.org.uk