TfL Ref: 1289 - 2122
Thank you for your request received by Transport for London (TfL) on 19 September 2021 asking for information about TfL recruitment and HR issues.
Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm that we hold the information you require. Your questions and our replies are as follows:
1) Are former employees of TFL who were made redundant time barred or otherwise barred from reapplying for a job within TFL?
Employees who are made redundant and receive an enhanced redundancy payment are not permitted to be employed or otherwise engaged (whether as a consultant, contractor, worker or otherwise) by TfL or the TfL Group for a period of 24 months starting on their termination date. Engagement includes working for the TfL Group through an agency, a personal service company or any similar arrangement. It does not cover a situation where an individual obtains employment with a company which provides goods or services to the TfL Group. The reason for this prohibition is that it would not be an appropriate use of public funds to pay an employee an enhanced redundancy payment and then allow them to return to the same organisation to work immediately thereafter as this would not represent value for money.
1a) If they are time barred, how long after redundancy do they have to wait to reapply and take up a job at TFL?
As set out above, they are not permitted to be employed or engaged for 24 months starting on their termination date.
2) Are former employees who were dismissed, for ordinary dismissal for example someone dismissed due to an infraction whilst being on a final warning time barred or otherwise barred from reapplying for a job within TFL?
No. All candidates are asked at application stage ‘Have you previously been employed and dismissed by Transport for London, London Underground or any of our Group of companies?’. If the applicant replied “yes” to that question, then the business would seek the appropriate advice on whether re-employment is appropriate in all the circumstances and a decision would be made on a case by case basis.
2a) If they are time barred, how long after ordinary dismissal do they have to wait to reapply and take up a job at TFL?
N/A
3) Are former employees of TFL who were dismissed for gross misconduct time barred or otherwise barred from reapplying for a job within TFL?
No. All candidates are asked at application stage ‘Have you previously been employed and dismissed by Transport for London, London Underground or any of our Group of companies?’. If the applicant replied “yes” to that question, then the business would seek the appropriate advice on whether re-employment is appropriate in all the circumstances and a decision would be made on a case by case basis
3a) If they are time barred, how long after dismissal for gross misconduct do they have to wait to apply and take up a job at TFL?
N/A
4) Are former employees of TFL who were dismissed for medical incapability time barred or otherwise barred from reapplying for a job within TFL? If they are time barred, how long after medical incapability dismissal do they have to wait to apply and take up a job at TFL?
No. All candidates are asked at application stage ‘Have you previously been employed and dismissed by Transport for London, London Underground or any of our Group of companies?’. If the applicant replied “yes” to that question, then the business would seek the appropriate advice on whether re-employment is appropriate in all the circumstances and a decision would be made on a case by case basis, taking into account Occupational Health advice on the employee’s medical fitness to do the role if appropriate.
4a) Are former employees of TfL who were dismissed for medical incapability and who are in receipt of a TFL ill health pension time barred or otherwise barred from reapplying for a job within TFL? If they are time barred, how long after dismissal for medical incapability would they have to wait to apply and take up a job at TFL? If they are able to apply for a job at TFL would they lose their TFL ill health pension?
No. All candidates are asked at application stage ‘Have you previously been employed and dismissed by Transport for London, London Underground or any of our Group of companies?’. If the applicant replied “yes” to that question, then the business would seek the appropriate advice on whether re-employment is appropriate in all the circumstances and a decision would be made on a case by case basis, taking into account Occupational Health advice on the employee’s medical fitness to do the role if appropriate.
If an employee had been granted an ill health pension following dismissal, a review of their pension arrangements would have to take place if they were to be re-employed in any capacity (not just if they were re-employed by TfL). Their ill health pension would stop If they are re-employed to the same role they were dismissed from. This is because the ill-health pension would normally only be approved if an employee was not going to be fit to work again in any capacity until retirement age.
5) Is the London Underground Train Operator role only available to be applied for by persons already employed by London Underground, TFL and its subsidiary companies?
At present we are only recruiting internally for Train Operators from TfL and London Underground, not subsidiary companies. This is for the reasons set out in response to question 5(a) below.
5a) If the answer to question 5 is yes, please explain why this is the case when other train operating companies like Virgin trains, London overground etc allow applicants who are not already staff members to apply for their train operator roles?
We have a collective agreement that determines how we recruit for Train Operators which states that internal staff have priority for these roles – see extract below:
If there are no applicants for transfer to fill a vacancy, or potential vacancy, the post will be advertised continuously to all LU staff. If there are then insufficient LU staff to fill the vacancies, the posts will be advertised both internally and then externally. Existing T/Ops will, at all times, retain their priority for T/Op vacancies.
In recent years, it has not been necessary to recruit externally for Train Operator roles because TfL has always been able to fill the available vacancies from the internal talent pool.
If this is not the information you are looking for, or if you are unable to access it for any reason, please do not hesitate to contact me.
Please see the attached information sheet for details of your right to appeal as well as information on copyright and what to do if you would like to re-use any of the information we have disclosed.
Yours sincerely
Sara Thomas
FOI Case Management Team
General Counsel
Transport for London
