Taxi Driver Online

So when a company wins a contract they have to offer jobs to those who already do the work then, under EU laws

Transfer of Undertakings (Protection of Employment) Regulations 2006



When I had my 8 seater, a Tamworth company won a distribution contract, they had me take a group of warehouse staff to see if they wanted to work at the new site. (for the new contract holder/different company)

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

Correct. I won a case against Kent County Council a few years ago.

I drove a school bus for my own company for 4 years.Eend of contract, the job went out to tender, it was won by another firm much cheaper than us. I told other firm I was their new driver under TUPE, they denied it so a claim was started as my main contract with my company was to drive that school bus.

Comany 2 went broke after a few months, not surprising as they went in far cheaper, so the job went to a temporray contract holder, company 3. so the TUPE rights went from company 2 to company 3, even though it was a short-term contract. We tendered for the contract for 4 years and lost to KCC's own transport company, so the TUPE went to the KCC company.

they denied my claim was valid, came up with several hundred pages of bollox as why they shouldn't give me a job; 3 or 4 hearings at Industrial Tribunal found in my favour as driving that school bus was my main occupation on the day of transfer. Cost to KCC, a five-figure sum, plus the legal fees for them selves. Cost to me, about £7k legal fees not reclaimable.

So, transferring that to the taxi/ph world, if you are EMPLOYED (not self-employed, paying PAYE/NI etc) to drive a regular contract and that is your main employment, then the chances are TUPE will apply and you go with the job at under the same or better terms and conditions. If the new company refuse to employ you, then that is unfair dismissal and it could cost them dearly. Each case is different.

A few examples: you drive part-time for an employer, you only do a regular school run. Another firm wins the contract, you are probably entitled under TUPE to transfer with that run.

You are employed to drive executives from a top company as a ph driver. Another ph company wins the contract. even though the work may be irregular, it is a regular contract and you are probably entitled to TUPE.

You are self-employed and get a regular school contract from your company, ABC Cars. The company loses the job at the end of term to XYZ Cars. You are not entitled to TUPE transfer because you are self-employed and can do all manner of other things.

TUPE does not apply to temporary contracts such as security officer at the Olympic Games, as the Games are for limited duration and the contract will finish on a set date when the Games finish, even if another set of games are held afterwards. (that example is given on the employment Tribunals website)

So if a school contract is from April 2012 to September 2012 only, TUPE won't apply unless the same child continues at that school and another firm supplies a braodly similar service.

There's plenty of case law around.

so if i "incorporate" (go ltd company) quietly just after xmas and am my own 1 and only PAYE employee, anyone who wins my contract in April has to offer me the job on at least the NMW...

not that i would you understand

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

Correct, providing that the school contract was with your ltd.co and your contract of employment with the ltd co stated that's what you are employed to do. There's nothing to stop you being self-employed the rest of the time.

You might have to persuade the council or whoever that you want to transfer the contract from you as a self-employed driver to your ltd co, a change of legal entity which they shouldn't reasonably refuse.

maybe my ltd company will buy out my S/E business for £1....the Council wouldnt give a toss so long as the kids got to school

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

You don't need to buy it. We transfered my wife's sole trader business into a Ltd company last year.

_________________
Grandad,

When I went Ltd last time I had to give 3 LWB vans to the new company, FOC....

mind you my accountant never got paid. twot...

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