Taxi Driver Online

The one year limit for unfair dismissal does not apply in TUPE cases.

Actually ACAS say it does.

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Grandad,

I was under the impression that TUPE applied even if the transferred staff member started work for you the day before the transfer. I may be wrong though.

This link backs up what I said: http://bwglaw.co.uk/employment-law/unfair-dismissal

Basically the employee is protected from dismissal when an undertaking or service is transferred.

Not at all but given there are so many different sets of legislation and your not an employment law barrister Im sure youd agree it possible your take on TUPE might be in error

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

I have just spoken to a chap at a company called the Employment Law Clinic and he has confirmed that the law actually changed on 6th April 2012 to include this issue. So ACAS are a bit behind. It comes under Automatic unfair dismissal to which there is no minimum length of service. He sugested that a succesful claim would cost the other company in the region of £10,000 not including their own legal costs.

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Grandad,

http://www.berr.gov.uk/files/file20761.pdf Confirms this and is what I've been saying all along.

It would only cost if they paid

and ive been unpaid by the best

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

If he decides to avoid paying by going bankrupt, he will lose all his council contracts and taken off the framework. The County Council are not renewing the framework agreement until 2015 at the earliest.

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Grandad,

Hes probably got a 2nd and 3rd ltd company setup already, the clever ones have, and it wouldnt require going BR anyway, thats for Sole Traders not LTD's

is the new contractor a ltd company? (if you can tell, which you cant always)

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

Gramps, couldnt you just have added the new pupil and kept schtum?

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

How do you mean? They asked for a revised price and then decided to re tender. Are you sugesting that I should have continued at the previous price and just lost money?

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Grandad,

without knowing the extra mileage i couldnt comment on losing money but how much did you add, i had regular changes to my 4 year contract, each one was an increase, i started off with 25 loaded miles for £30 twice a day and ended up with 12 loaded miles for £45 twice a day, it was never an issue, i even had a £5/day increase when the mileage went DOWN 4 miles a day....

LCC offered to pay for a child seat on this one and let me off with something, so i cant say they are all bad

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

The reason they gave for re-tendering was the increase from the original tender. The original tender was £66 per day. I made a cock up on this and it was too low. The contract changed from a saloon car to an MPV when they added an additional student. This made the price £90 which at the time was still a little bit low but ok. They then added another student which meant more miles and obviously more time. This put the price up to £118. So on the basis that the price had risen from £66 to £118 they sent it out for re-tender.

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Grandad,

We done KCC a "favour" by taking an additional child last year, almost opposite an existing child, and dropping him off at another school on the line of route; cost to us 5 minutes a day. As a result, KCC took back all our other contracts, despite us being one of the most reliable operators in the county. So much for gratitude and helping the county council. Never again!!

Consider mine

It should have ended April/Easter but they asked if we could go till July, so we all did

THEN they put the tenders out MAY BANK HOLIDAY with 5 days to tender, I missed em and one guy was in Spain on holiday, so he missed em, THEN they told all the parents who had won the runs starting September in....April, nice, so 1 mum told me who was doing it.....favours? not again

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