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| Author: | wannabeeahack [ Fri Jan 30, 2009 2:23 pm ] |
| Post subject: | sub contracting |
at a meeting with the county council yesterday i was told should i happen to not be able to undertake a run i was contracted to, i was EXPECTED to pass the job to another badged/plated and approved operator... and thats a county council official contractual condition... and my LA has, in its R&R's that i should have all the details of any job passed to another operator... |
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| Author: | grandad [ Fri Jan 30, 2009 2:46 pm ] |
| Post subject: | |
Where is the problem. If it is your contract, you will have all the details and you can subcontract the job to another approved operator in your district. Or is the problem that there are no other approved operators in your district? |
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| Author: | wannabeeahack [ Fri Jan 30, 2009 2:49 pm ] |
| Post subject: | |
i thought the general view was that sub-contracting out was illegal? |
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| Author: | JD [ Fri Jan 30, 2009 3:32 pm ] |
| Post subject: | |
Sub contracting within ones own area is legal. If you wan't to sub contract outside your own area then you need to change the law. Regards JD. |
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| Author: | grandad [ Fri Jan 30, 2009 3:33 pm ] |
| Post subject: | |
wannabeeahack wrote: i thought the general view was that sub-contracting out was illegal?
Providing that the company you subcontract to is licensed by the same authority as yourself it is fine. It is only a problem if the other company is licensed by a difforent authority. |
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| Author: | wannabeeahack [ Fri Jan 30, 2009 5:30 pm ] |
| Post subject: | |
mmmmm, trouble is my LA is a DISTRICT council, the Education/Transport department is a COUNTY council, thier "approved" supplier list is bound to have other LA's on it but they dont see a problem with that |
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| Author: | Sussex [ Fri Jan 30, 2009 8:12 pm ] |
| Post subject: | |
wannabeeahack wrote: mmmmm, trouble is my LA is a DISTRICT council, the Education/Transport department is a COUNTY council, thier "approved" supplier list is bound to have other LA's on it but they dont see a problem with that
If they run hackneys or PSVs, then no problem. But if they run PH then you can only pass it on to a PH op licensed in your area. |
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| Author: | cabbyman [ Fri Jan 30, 2009 8:14 pm ] |
| Post subject: | |
It's your licencing area that counts. The county are merely another customer. Like doing a job for a big company just outside your area. |
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| Author: | wannabeeahack [ Fri Jan 30, 2009 8:51 pm ] |
| Post subject: | |
well the county council draw no distinction in the matter, if i have the job but cant do it i shall pass the job to another "approved" supplier, no mention of it having to be a hackney and on that point, if a hackney does a job which requires an escort (which they will check to ensure payment of the NMW) and that means the cost is higher than a meter rate, is that legal?..... |
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| Author: | Sussex [ Fri Jan 30, 2009 9:04 pm ] |
| Post subject: | |
wannabeeahack wrote: and on that point, if a hackney does a job which requires an escort (which they will check to ensure payment of the NMW) and that means the cost is higher than a meter rate, is that legal?.....
If the job stays in the area then the escort will have to be paid seperatly. |
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| Author: | cabbyman [ Fri Jan 30, 2009 9:12 pm ] |
| Post subject: | |
Now there's a conundrum I hadn't thought of: Can PHV pass work to HC licensed elsewhere? It is not up to the county, ie customer, to tell you the licensing law. It is up to you to comply with the terms of the contract as far as the law permits. If you can't find an appropriately licenced sub-contractor, you cannot pass the work. You must either do it or refer it back to the customer. Regarding the meter, if the job crosses or is outside the HC's area, the contract rate can apply. If the job is wholly within HC's area, the meter must prevail, IMHO. |
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| Author: | Sussex [ Fri Jan 30, 2009 9:19 pm ] |
| Post subject: | |
cabbyman wrote: Can PHV pass work to HC licensed elsewhere?
IMO anyone and everyone can pass work to HCs licensed everywhere, and that includes PH ops, PH owners and PH drivers. |
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| Author: | grandad [ Fri Jan 30, 2009 9:23 pm ] |
| Post subject: | |
Sussex wrote: cabbyman wrote: Can PHV pass work to HC licensed elsewhere? IMO anyone and everyone can pass work to a HC licensed everywhere, and that includes PH ops, PH owners and PH drivers. Right so a PH company licensed in area A can pass work to a hackney company in area B. Can the hackney company in area B pass the work to anyone else? For instance can the hackney company in area B pass the work to a ph company in area B? |
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| Author: | Sussex [ Fri Jan 30, 2009 10:11 pm ] |
| Post subject: | |
grandad wrote: For instance can the hackney company in area B pass the work to a ph company in area B?
Not without an ops license for area B. |
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| Author: | grandad [ Fri Jan 30, 2009 11:41 pm ] |
| Post subject: | |
So if the hackney in area B has an ops license for area B they can pass the work to a PH in area B? |
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