Taxi Driver Online

The tender close at noon today. Just a thought, If a company from outside my borough wins the contract, how will they be able to employ our driver who won't have a badge for their area and they won't have a car plated for my area?

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Grandad,

That's their problem to deal with. Get your staff to contact the new incumbent and ask for employment transfer under TUPE. If that gets refused, the sue for unfair dismissal through the industrial tribunal.

In a way it IS your problem, but if you've kept your staff informed of the situation, you should be in the clear. It would also help your cause if you inform the new incumbent of his liability under TUPE toward your future former staff.

You may find he then backs the contract; in that case TUPE transfers through him to whoever gets the contract after that. I know, that's what happened in my case! It is the new operator's problem to get your driver a badge for that area; there's no reason why the escort can't work in a different area, after all his/her CRB should be valid across the county.

Your staff may refuse to transfer if there's a great distance to travel to the new employer, in which case things could go a bit wrong for you if you haven't informed them of the situation. did the tender mention TUPE may apply? The KCC ones do now, especially on the school bus side!

they can sub it all to you.....

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

The escort has a badge from the County Council so there should not be a problem transfering. My staff have been kept informed of the situation. The tender did not mention TUPE, I sent an email to the County Council advising them that my staff will be seeking employment with whoever wins the tender and that they should advise prospective tenderers of this but it would seem that they have not done so.

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Grandad,

2 problems with that one. Firstly if another company wins the contract it will be because they tendered less than me so that would mean that they will be losing out. secondly, if they are a private hire operator from another borough, they can't sub it to me.

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Grandad,

Oddly enough the 2nd isnt known to Staffs CC as they actively encourage "using another SCC subcontractor", try explaining cross borders to some teenage girl in an office who hasnt got a map and doesnt give a toss....

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

They will be having a meeting now....well, in a month, tea biccies, overtime

you boat rocker you

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

Ah well, TUPE doesn't apply to county councils, or so KCC thought! That thought cost them dearly!

If you've googled my case and found the CV of the barrister who represented KCC, she fails to mention that KCC lost the case!

Their problem, not yours.

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IDFIMH

But who employed the staff who lost jobs, the council or the contractor who lost the work, its the new contractors responsibilty under TUPE to offer the old staff their old jobs surely, they then decide if they want them

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

It appears granddad employed the staff who are about to lose their jobs. The new contractor is obliged to take them on under TUPE. The new firm does not have the option of whether they want the staff or nor; it is a legal obligation or they have to pay for unfair dismissal. It is not really the council's problem as they don't employ any of the staff involved, but they must state that TUPE could apply, as KCC found out to their cost.

Our late "friend" Mrs T found this out to her great cost when she privatised the NHS cleaning contracts and the TGWU discovered TUPE applied to all transfers of undertaking and contract.

I still haven't heard who has won the contract.

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Grandad,

KCC doesn't tell unsuccessful bidders. We usually have to use the FoI to find out, and we do, frequently!

Here, they ring you up if you are the winning bidder and ask if you want to accept. Once the job has been accepted all other bidders are notified by email. The email states who won the contract and the price it was won at. After a few days the results are published on their website and give the winner, the winning price, the number of tenders received and the highest tendered price.

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Grandad,

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Grandad,