roythebus wrote:
What is the status of the new company? I it a registerd p/h or taxi firm? If not, you could probably bring a case under EU Competition laws. Look up the case I've mentioned on here before of Glockner. This was concerning a hospital in Germany who used to used a firm called Glockner to provide patient services; the local health authority decided to use spare capacity to do the work using their own fleet.
To cut a long story short, the health authority lost because what they were doing was anti-competitive. They used volunteer drivers. It was deemed that any business, regardless of status was being run for "economic activity" regardless of status.
This is the basis of the on-going saga elsewhere of the s19 and s22 community transport issue.
If you were employed by your company (as opposed to being self-employed or contracted to them) you would have a good case under TUPE. It does not apply to self-employed people.
As an aside, there was an item on BBC Kent this morning criticising NSL who have recently taken over patient contracts for Dartford NHS Trust. I bet they don't have a properly licenced vehicle on the fleet! By carrying people for hire and reward, even on an NHS contract, they should, according to the Rout-v-Swallow hotel case, be licenced as p/h or psv! They are being rewarded for carrying people for money, or in the case of Glockener, economic activity.
Their SIC Code states they are are :
"Company Type: Private Limited Company
Nature of Business (SIC):
49390 -
Other passenger land transport"
You can check them out here..
http://wck2.companieshouse.gov.uk