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We lost a few days School Contracts Due to the snow, normally if a school is closed or child does not turn up we get paid 100% of the money if we have less than 24hrs Notice and 50% if more than 24hrs notice. So we all thought we will get paid. Then this email turned up-

Dear Operator,

Following the recent challenging weather conditions I thought it prudent to update you with the County Council’s position regarding operating days lost due to the snow and ice.

Our contract terms and conditions clearly state under section 20 entitled “Force Majeure” that the authority will only pay 50% of the contract rate if an operator fails to operate for ““reasons beyond its reasonable control”.

The full extract from the terms and conditions is included below:

20. FORCE MAJEURE
20.1 Neither the Council nor the Contractor shall be liable to each other to any extent in relation to any “Force Majeure Event” (which for this purpose shall mean a failure by either party to fulfil its obligations under the Contract due to reasons beyond its reasonable control. Without limiting the meaning of that expression, “reasons beyond its reasonable control” may include industrial disputes of any kind, whether involving the employees of either party or those of any other person, government intervention, act of war and other hostilities, storm, fire, flood, theft, riot and earthquake).
20.2 As soon as either the Council or the Contractor become aware that a Force Majeure Event has occurred or is likely to occur, that party will notify the other party. Such notification shall take the form of a verbal communication to a nominated representative of the other party to be supported by written confirmation of the content of such verbal communication. The Council and the Contractor shall then agree as soon as possible what action should be taken to avoid or mitigate the effects of the Force Majeure Event.

20.3 On the occurrence of a Force Majeure Event the Council may at its absolute discretion elect to pay fifty per cent. (50%) of the Contract Price to the Contractor during the continuance of any Force Majeure Event.

In view of this, if you were unable to operate due to the weather we will only pay 50% of the contract rate for the days of non-operation. If vehicles were mobilised and operators attempted to run the service then we are happy to honour the full contract rate. I understand most schools gave notice that they were not opening on Wednesday, Thursday and Friday last week.

If you have any questions regarding the above please do not hesitate to get in touch.

Best Wishes

Andy


Andrew Burford
Procurement Manager
Integrated Transport Unit
Gloucestershire County Council
Shire Hall
Gloucester
GL1 2TH

After the third snow fall we had this email-

Dear Operator,



I am writing to you regarding payment arrangements for today’s operations at schools that have closed due to the snow today.



In view of the snow arriving at around 0700 this morning, we have taken the decision that all operators will be paid 100% for today’s operations, even if the schools are closed.



We shall be monitoring the weather over the next 24 hours and I will be back in touch tomorrow if the poor weather continues.



Best Wishes


Andy



Andrew Burford

Procurement Manager

Integrated Transport Unit

Gloucestershire County Council

Shire Hall

Gloucester

GL1 2TH

Just wondered what anyone else is hoping to get paid for.

Last year when it snowed we were paid for any journey that we tried to do in the mornings but if the school was closed before the start time we did not get paid for the afternoon. If the school had notified us the day before that they were closed we did not get paid. I assume that it will be the same this time. One school decided on the first day of term that they would be closed all week so I don't think we will get anything for that.

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Grandad,

Got paid in full down I think.

I understand where your coming from, but surely if we haven't done the job then we shouldn't get paid.

Clearly if you turn up at the house and the kid's not going, then that should be paid out, but if the school is closed I think asking to get paid is a bit too much.

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IDFIMH

In view of the comments above, it looks like you're doing pretty well.

here in thurrock we gat get paid for full journey morning and afternoon when school closed for snow days.

I bet the teachers got paid and they did not do the job, i must phone my insurance company and tell them i did not use 4 vehicles for 6 days in Jan can i not pay the premium and phone the council and have 6 days of my licence payment back. I was out on the road not my fault the schools were shut.

I'm not complaining that drivers got paid, good for them, but what happens if the kid is sick, do drivers still get paid in and out?

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IDFIMH

On the three days the schools were closed round here we didn't get to know until the cars had been dispatched to the jobs. Round here the kids go to Schools in Nottingham and beyond which means the car has to be dispatched at around 7.30am for it to get to Nottingham for 8.30am. Some Schools weren't being closed until 8am meaning the car had a pupil on board and on it's way.

I can understand the lads wanting to get paid out for the morning run, but how can they justify charging for the afternoon run?

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IDFIMH

was the car able to earn the equivalent of the school run in other fares ?

if not then the driver is out of pocket so would want to get paid

Would that analogy also apply to an airport run?

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IDFIMH

Given education departments take the rock-bottom bids, wont pay for any kiddy-damage to your vehicle (or sicky wickies), and expect you to absorb fuel rises over the term of the contract AND be there for only 38 weeks a year id say a "bad weather retainer" is the least they can do, notwithstanding meeting remarks like this.......

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

Up here if you cannot do the run due to the weather you still get paid, but you must make an effort to try or the council contact you by phone or its announced on the radio that the schools are closed and you still get paid for the full days contract.

BTW welcome back wanabee

Hi Everyone

The company in guildford that i work for have told us that the 5 days of snow in january will be paid at 80% normal rate.In february 2008, we got 100%-the budgets are being cut! I am quite happy with 80% as I was available for work but i did not incur fuel charges which are around 15% of my earnings.

Space

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GuildfordPH