Taxi Driver Online

ADAPTED Vehicle & Passenger Assistant (District request came from)
Minimum Seating Capacity 2 Wheelchair passengers, 1 Seated Passenger & 1 passenger assistant

IMPORTANT INFORMATION – TUPE PLEASE READ BEFORE TENDERING.THIS RELATES TO THE PASSENGER ASSISTANT.
This contract is subject to subject to the transfer of employees under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) as amended by the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014.
The application of TUPE will always be a matter of law. It is the responsibility of suppliers to make their own enquiries directly with the existing supplier to obtain such TUPE and related information as may be required in order to submit an offer which includes the full costs to the Tenderer of TUPE compliance. The Authority recommends that suppliers seek their own legal advice regarding this area of employment law. The existing (incumbent) supplier is

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

We had this situation a few years ago when a company tendered and won a contract that we had been doing for around 3 years at the time. Both the driver and passenger assistant had been employed specifically to carry out this contract. The new company would not accept that TUPE applied and it took quite a few weeks before County Hall would accept the fact as well. The new company didn't want to take on the driver and assistant because their own people were self employed and being paid a pittance. They did offer to take on our 2 employees but not at the same rates that we were paying them. Eventually they gave up and we kept the contract until the students left school.

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Grandad,

Wouldnt it have made more sense to employ them for the term of the contract?

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

The contract had been renewed before the end of the summer term so although they were employed it was for the length of the contract so their contract had been renewed before this other company tendered for it. The job did not come out to tender, the company just put in a cheap price and the Council accepted it and served us with notice. The Council were not aware that our staff were employees.

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Grandad,

Is that even legal? (all jobs/best value/to be public tendered,etc)

How much notice in the terms, i bet you have to give 4 weeks, they can drop you like a stone

On that basis, all your runs could get pulled

Try it.... scan thru the LCC page of won routes, offer to do 1 cheaper.....................

Staffs say ALL escorts MUST be PAYE

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

I had a similar situation about 15 years ago when I ran a school bus service. It was originally tendered as a closed-door contract, home to school using a coach. I tendered it as a local bus service as I could then take other passengers and claim what was then fuel duty rebate. The council bought season tickets for the entitled students. some kids were out of county so didn't get free travel.

This job ran for 3 years then the council decided to re-tender. Then decided to extend the contract. then re-tendered. It was won by another local operator at a suicidal price which didn't even cover the cost of fuel, let alone wages. The county council failed to realise that to cancel a registered bus service needs 56 days notice to the Traffic Commissioner. they also failed to understand TUPE. I was given 5 days notice.

So, being employed by my company mainly to drive that service I wandered round to the other operator and introduced myself as his new driver from Monday. He was of course surprised and told me to "go away". I did and phoned the council. That operator didn't start the job on Monday, it was let on emergency contract to a more distant operator. So I sent him an email saying I am there new driver from Monday. I was basically asked what were my dietary requirements for my forthcoming hospital visit and my height for the provision of crutches if I set foot in his yard. So I contacted the Industrial Tribunal.

Operator 1 and 2 were named in my TUPE claim. Council re-tendered the job, I didn't get it. The council's own transport company got the job, so I added them to the TUPE claim. BTW, the council's tender was lower than mine using a brand-new £250,000 coach compared to my 15 year old double decker, they also had treble the mileage I had. Obviously no subsidy for the the company <ahem>.

The issue went to industrial tribunal, I won a five-figure sum against the county council but it was a bit of a hollow victory as I'd spent 3/4 of the amount in legal fees. Company 1 went broke early in the proceedings, company 2 were excluded as it was permissable on a temporary basis. The Council's own firm had to foot the bill. The council denied any knowledge of TUPE, Kent was apparently excluded from this international law.

I had a similar case soon after with a taxi contract. Council changed the run slightly even though it went the same route, just 1 child no longer attended school. They awarded it to a firm in Tunbridge Wells, some 40 miles from the pick-up at Lydd at half the price I was doing the 10 mile run for. He too declined TUPE and gave up. The same firm that employed me as a bus driver also employed me as a ph driver. Why can't the council accept that?