Network Rail under fire for recruiting on travel to work time

People applying to work at a major new office being opened by Network Rail in Milton Keynes could be denied jobs because they live more than 75 minutes travel time away.
Thurs, 16 Feb 2012
People applying to work at a major new office being opened by Network Rail in Milton Keynes could be denied jobs because they live more than 75 minutes travel time away.

Network Rail is moving its headquarters from Euston to Milton Keynes in June, when it opens a new office that will eventually house 3,000 employees.Reports in the press have highlighted how around 150 of Network Rail’s existing staff are likely to be affected by the policy, with those unwilling or unable to relocate threatened with redundancy.

However, Recruiter can reveal that the policy applies not only to existing staff but to new recruits too.

A Network Rail spokesperson tells Recruiter the policy also applies to “new recruits to the business filling those roles in Milton Keynes.”

The 75-minute travel limit applies to lower level roles in Network Rail, whose salaries range from £12k to £41k per year, however the travel time limit for managers, whose minimum salary would be £19k, is higher at 90 minutes.

The spokesman adds that the policy has been operating in the Milton Keynes area “for some time” as staff have begun to relocate to several existing offices in the area before all staff are consolidated in the company’s new national centre, a process that is due to begin in June.

The spokesman explains that the policy has been introduced to improve the work-life balance of staff.  “The company has a duty of care,” says the spokesperson.

However, he adds that the policy does not apply outside Milton Keynes.

The spokesperson insists that the travel time limit will not impair Network Rail’s ability to recruit the best talent.

“Our goal is to make sure that we get the best person for the job,” he says, explaining that within the policy “there is ample room for common sense and flexibility.”

“Anybody can apply and will be considered, and where we find someone that we want we will have a conversation with them. As far as I know [the travel time limits] wouldn’t be a sifting criteria at this early stage.”

The spokesman says that all  “legal ramifications of the policy have been considered, and we believe it is entirely legal”.

However, Barry Cullen, partner at Cramer Pelmont, says the policy could fall foul of equality legislation.

He tells Recruiter: “Most will see it as obvious that they should not discriminate against job seekers, such as on grounds of race, religion or sex. What of a client assignment containing a 75-minute travel restriction for most staff, but 90 minutes for management though?

“While this may seem reasonable on its face, if the management team are in the main white, able-bodied men; then grounds may also exist for claims of indirect discrimination by those in the 75-minute travel band.”

Sarah Jane Turcan, a partner at Charles Russell agrees that Network Rail could face potential claims of indirect sex discrimination. She tells Recruiter that women could claim that they are unable to move closer to the Milton Keynes national centre because of their family or domestic arrangements, such as their children’s schooling.

The Network Rail spokesperson tells Recruiter that the policy has the support of TSSA (The Transport Salaried Staffs’ Association). However, this is denied by a TSSA spokesperson, who says, “it is not a fait accompli, it’s a matter of negotiation.”

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