HC Deb 10 May 1995 vol 259 c457W
Mr. Chidgey

To ask the Secretary of State for Transport to what extent a private company taking over any of the functions formerly carried out by British Rail will be liable for industrial injury claims brought by employees who find themselves in the employment of a new railway contractor. [22313]

Mr. Watts

All of BR's rights, powers, duties and liabilities under or in connection with contracts of employment of persons employed by BR in an undertaking will transfer to a new railway contractor taking over that undertaking by virtue of the operation of the Transfer of Undertakings (Protection of Employment) Regulations 1981.

New employers will therefore be liable for claims in respect of industrial injury. Any arrangements between new employers and BR about such liabilities must remain commercially confidential.

Mr. Chidgey

To ask the Secretary of State for Transport to what extent a private company taking over any of the functions formerly carried out by British Rail will be liable for industrial injury claims brought by retired employees of British Rail. [22314]

Mr. Watts

The Transfer of Undertakings (Protection of Employment) Regulations 1981 are not relevant to retired employees. I understand that BR's policy is to meet successful industrial injury claims brought by their retired employees.

Mr. Chidgey

To ask the Secretary of State for Transport (1) to what extent the Department of Transport will be liable for industrial injury claims brought by retired British Rail employees following privatisation of British rail; [22315]

(2) to what extent the Department of Transport will be liable for industrial injury claims brought by former employees of British Rail who find themselves in the employment of a new railway contractor following the privatisation of British Rail. [22316]

Mr. Watts

The Secretary of State will not be so liable. He will make available to the British Railways Board each year an appropriate level of public expenditure cover and in so doing will have regard to the contractual and other obligations of the board.