Taxi Driver Online

Is TUPE applicable to PAYE school contracts for drivers and PA's when contracts end and new contractors take over ?

_________________
Of all the things ive lost, i miss my mind the most

I think it is.

_________________
IDFIMH

The simple answer is yes.
I had this a few years ago when one of our contracts went to another operator and because our driver and escort were employees, employed speciffically for that contract, I argued this with County Hall and the company that won the contract would not employ them at all so in the end the contract was given back to us.

Ive noticed the new routes are SLIGHTLY different (1 kid not on them maybe) thereby cancelling TUPE i suppose, saving county any issues too

_________________
Of all the things ive lost, i miss my mind the most

Not too sure that's an issue. Tell the council that TUPE applies.

_________________
IDFIMH

I personally had a TUPE claim against Kent CC when my H2S bus contract ended. As I was the sole driver on the route most of the year, I was entitled to TUPE, even though my route was also a registered local bus route. I got a five-figure sum out of KCC, but not costs, which then ate up most of that figure. But KCC were blissfully unaware that TUPE would affect Kent and their own bus company.

I had similar when I lost a school ph contract. Told the new incumbent I was his driver from next Monday. He gave the job back to Kent.

I'm just going through TUE again, the bus company I've been working for at weekends closed down with 8 hours notice last Friday. 230 staff out. Most of those were drivers on TfL contracted services. I drive as and when on rail replacement. All the service drivers are entitled to TUPE, all are entitled to claim for unfair dismissal, plus zero hours staff can claim up to 90 days pay depending on length of service as nobody was consulted over the closure. ACAS and the government pay all that.

So basically if the contract is very much the same with a new operator even for a short period, you are entitled to TUPE. If you lose a contract and it is awarded on a temporary basis to A.N.Other, then you claim from a.N.Other. Once that temporary contract expires and it is taken by a.B.Other, then TUP continues though both of them. That was the basis of my claim 15 years ago. Except 3 others were involved!