Taxi Driver Online

UK cab trade debate and advice
It is currently Sat May 02, 2026 9:55 pm

All times are UTC [ DST ]




Post new topic Reply to topic  [ 247 posts ]  Go to page Previous  1 ... 12, 13, 14, 15, 16, 17  Next
Author Message
PostPosted: Thu Jan 02, 2014 2:45 pm 
Offline

Joined: Tue Apr 03, 2007 11:27 pm
Posts: 20130
The 2 staff members have been down to the new operators office this morning and handed him letters stating that they are seeking compensation for constructive dismissal. He just said that he waiting to here from his solicitor.

_________________
Grandad,


Top
 Profile  
 
PostPosted: Thu Jan 02, 2014 7:37 pm 
Offline

Joined: Tue Apr 29, 2008 4:06 pm
Posts: 24391
Location: Twixt Heaven and Hell, but nearest Hell
grandad wrote:
The 2 staff members have been down to the new operators office this morning and handed him letters stating that they are seeking compensation for constructive dismissal. He just said that he waiting to here from his solicitor.


I hope they dont get the help (not) from ACAS our lad got for CD...

I thought they had been offered jobs?

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


Top
 Profile  
 
PostPosted: Thu Jan 02, 2014 11:13 pm 
Offline
User avatar

Joined: Thu Dec 15, 2011 8:45 am
Posts: 9966
Location: Braintree, Essex.
grandad wrote:
The 2 staff members have been down to the new operators office this morning and handed him letters stating that they are seeking compensation for constructive dismissal. He just said that he waiting to here from his solicitor.



I don't hold out much hope for them.


Top
 Profile  
 
PostPosted: Fri Jan 03, 2014 12:50 am 
Offline

Joined: Tue Apr 03, 2007 11:27 pm
Posts: 20130
wannabeeahack wrote:
grandad wrote:
The 2 staff members have been down to the new operators office this morning and handed him letters stating that they are seeking compensation for constructive dismissal. He just said that he waiting to here from his solicitor.


I hope they dont get the help (not) from ACAS our lad got for CD...

I thought they had been offered jobs?

They were offered self employment.

_________________
Grandad,


Top
 Profile  
 
PostPosted: Fri Jan 03, 2014 1:28 am 
Offline

Joined: Tue Apr 29, 2008 4:06 pm
Posts: 24391
Location: Twixt Heaven and Hell, but nearest Hell
i noticed from October one change in TUPE

Quote:
a change in the location of the place of work will be explicitly included within the ETO reasons and so would not necessarily lead to automatic unfair dismissal.


presumably a new employer could then make it untenable or uncomfortable for old employees to continue on the same work....

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


Top
 Profile  
 
PostPosted: Fri Jan 03, 2014 1:30 am 
Offline

Joined: Tue Apr 29, 2008 4:06 pm
Posts: 24391
Location: Twixt Heaven and Hell, but nearest Hell
Nidge2 wrote:
grandad wrote:
The 2 staff members have been down to the new operators office this morning and handed him letters stating that they are seeking compensation for constructive dismissal. He just said that he waiting to here from his solicitor.



I don't hold out much hope for them.


Bob Hope maybe

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


Top
 Profile  
 
PostPosted: Fri Jan 03, 2014 8:57 am 
Offline

Joined: Sat Aug 04, 2012 11:17 pm
Posts: 2712
wannabeeahack wrote:
i noticed from October one change in TUPE

Quote:
a change in the location of the place of work will be explicitly included within the ETO reasons and so would not necessarily lead to automatic unfair dismissal.


presumably a new employer could then make it untenable or uncomfortable for old employees to continue on the same work....

In which case it's constructive dismissal and equally as costly for the employer.

If they've already been Employed, the new firm cannot offer them SELF-employment!


Top
 Profile  
 
PostPosted: Fri Jan 03, 2014 9:09 am 
Offline

Joined: Tue Apr 03, 2007 11:27 pm
Posts: 20130
roythebus wrote:
wannabeeahack wrote:
i noticed from October one change in TUPE

Quote:
a change in the location of the place of work will be explicitly included within the ETO reasons and so would not necessarily lead to automatic unfair dismissal.


presumably a new employer could then make it untenable or uncomfortable for old employees to continue on the same work....

In which case it's constructive dismissal and equally as costly for the employer.

If they've already been Employed, the new firm cannot offer them SELF-employment!

I wonder if Wannabee is actually the new employer in this. He seems to be looking for every which way not to recognise his obligations rather than accept he is wrong.

_________________
Grandad,


Top
 Profile  
 
PostPosted: Fri Jan 03, 2014 10:29 am 
Offline
User avatar

Joined: Tue Apr 24, 2007 6:31 pm
Posts: 12045
Location: Aberdeen
grandad wrote:
I wonder if Wannabee is actually the new employer in this. He seems to be looking for every which way not to recognise his obligations rather than accept he is wrong.
Hmmmm :-k

_________________
Image
http://wingsoverscotland.com/ http://www.newsnetscotland.com/
Image


Top
 Profile  
 
PostPosted: Fri Jan 03, 2014 2:16 pm 
Offline

Joined: Tue Apr 03, 2007 11:27 pm
Posts: 20130
I have just got back from the pub and I have an email from county hall timed at 09.42 this morning telling me that they have spoken again with the new operator and he is happy that TUPE does not apply in this case and that he will employ the staff under his own terms and conditions (self employed)
I had previously mentioned to County hall about cash in hand payments and that they we illegal. I don't think they understood this because they have written back saying cash in hand payments are not illegal provided that tax and national insurance have been deducted. DURR that is PAYE.
However my son received a phone call at 11.15 this morning from county hall asking if we were in a position to accept the contract because the new operator had sent it back.

_________________
Grandad,


Top
 Profile  
 
PostPosted: Fri Jan 03, 2014 2:20 pm 
Offline
User avatar

Joined: Wed May 23, 2012 7:24 pm
Posts: 6755
grandad wrote:
I have just got back from the pub and I have an email from county hall timed at 09.42 this morning telling me that they have spoken again with the new operator and he is happy that TUPE does not apply in this case and that he will employ the staff under his own terms and conditions (self employed)
I had previously mentioned to County hall about cash in hand payments and that they we illegal. I don't think they understood this because they have written back saying cash in hand payments are not illegal provided that tax and national insurance have been deducted. DURR that is PAYE.
However my son received a phone call at 11.15 this morning from county hall asking if we were in a position to accept the contract because the new operator had sent it back.


Which must be good news Grandad??

Clearly TUPE does apply and the scroat that has returned the contract has recognised that by his actions.............as i said earlier ONE PHONE CALL FROM A MEMBER #-o

_________________
All posts by this contributor are made in a strictly personal capacity

I AM PROUD TO BE A CITIZEN NOBODY'S SUBJECT http://www.republic.org.u

F88K EM ALL WHAT GOES AROUND COMES AROUND

BOOZE BOOZE BOOZE


Top
 Profile  
 
PostPosted: Fri Jan 03, 2014 2:23 pm 
Offline

Joined: Tue Apr 03, 2007 11:27 pm
Posts: 20130
My son has just phoned me to say that the driver and escort are pleased with the outcome and have accepted their jobs back with us.

_________________
Grandad,


Top
 Profile  
 
PostPosted: Fri Jan 03, 2014 2:52 pm 
Offline
User avatar

Joined: Tue Apr 24, 2007 6:31 pm
Posts: 12045
Location: Aberdeen
:-"

_________________
Image
http://wingsoverscotland.com/ http://www.newsnetscotland.com/
Image


Top
 Profile  
 
PostPosted: Fri Jan 03, 2014 3:02 pm 
Offline

Joined: Tue Apr 29, 2008 4:06 pm
Posts: 24391
Location: Twixt Heaven and Hell, but nearest Hell
so alls well


till july.....

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


Top
 Profile  
 
PostPosted: Fri Jan 03, 2014 3:27 pm 
Offline

Joined: Sat Aug 04, 2012 11:17 pm
Posts: 2712
wannabeeahack wrote:
so alls well


till july.....
When TUPE will apply again...

Maybe County Hall will learn you don't get owt for nowt as they say up north. They might also learn that TUPE certainly can and does apply in some cases, and that "cash in hand" is different from being paid in cash with a pay slip with deduction being made where appropriate!


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 247 posts ]  Go to page Previous  1 ... 12, 13, 14, 15, 16, 17  Next

All times are UTC [ DST ]


Who is online

Users browsing this forum: No registered users and 235 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Jump to:  
Powered by phpBB® Forum Software © phpBB Group