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+--- Thread: Warrington's Own Buses (/showthread.php?tid=170)
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RE: Warrington's Own Buses - cfm146g - 21/08/2018 11:24
(21/08/2018 11:14)RSTurbo50 Wrote: Fairbrothers drivers didnt have a contract and the drivers that have come over are on the same rate of pay as all the other WOB's drivers.
That's just keeping things simple and doing the decent thing. Many other operators would have exploited the difference.
RE: Warrington's Own Buses - knutstransport - 21/08/2018 11:33
(21/08/2018 11:14)RSTurbo50 Wrote: Fairbrothers drivers didnt have a contract and the drivers that have come over are on the same rate of pay as all the other WOB's drivers.
If they didn't have a contract they either weren't employees of Fairbrothers or Fairbrothers were breaking employment law. (Things such as a letter confirming employment start date and rate of pay count as a contract.)
If WOB pay more there's certainly no reason why ex-Fairbrothers can't be offered the higher rate of pay after being TUPEd across. I doubt they'd turn down a pay rise unless there's conditions they don't like attached to it.
RE: Warrington's Own Buses - Mayneway - 21/08/2018 22:47
(21/08/2018 11:14)RSTurbo50 Wrote: Fairbrothers drivers didnt have a contract and the drivers that have come over are on the same rate of pay as all the other WOB's drivers.
So have they simply been offered contracts with WOB or transferred under TUPE??
RE: Warrington's Own Buses - Mayneway - 21/08/2018 22:48
(21/08/2018 11:33)knutstransport Wrote: If they didn't have a contract they either weren't employees of Fairbrothers or Fairbrothers were breaking employment law. (Things such as a letter confirming employment start date and rate of pay count as a contract.)
If WOB pay more there's certainly no reason why ex-Fairbrothers can't be offered the higher rate of pay after being TUPEd across. I doubt they'd turn down a pay rise unless there's conditions they don't like attached to it.
Again you keep suggesting they have been TUPED across. We don't know they have and by the sounds of RSTurbos comment they may not have.
RE: Warrington's Own Buses - iMarkeh - 22/08/2018 03:56
Can I ask, is there a reason why everyone is asking how Fairbrothers staff were transferred? Surely what matters is the fact that they have all been offered jobs. If they wanted to take the job offered or not is up to the staff but like I say, all that should matter is the fact they have been offered a job therefore no overall job losses.
RE: Warrington's Own Buses - mikestone - 22/08/2018 09:37
(21/08/2018 10:24)knutstransport Wrote: Either the ex-Fairbrothers drivers need to be given pay in lieu of notice and a redundancy payment or TUPE applies. As it sounds like existing contracts have been transferred from one business to another and the workers have followed the contracts I think it's unlikely they've been made redundant from Fairbrothers.
No redundancy pay required if they leave Fairbrother voluntarily to go and work for WBT.
RE: Warrington's Own Buses - knutstransport - 22/08/2018 10:01
(22/08/2018 03:56)iMarkeh Wrote: Can I ask, is there a reason why everyone is asking how Fairbrothers staff were transferred? Surely what matters is the fact that they have all been offered jobs. If they wanted to take the job offered or not is up to the staff but like I say, all that should matter is the fact they have been offered a job therefore no overall job losses.
Does it not matter if correct procedures in accordance with employment law are followed or not?
RE: Warrington's Own Buses - knutstransport - 22/08/2018 10:04
(22/08/2018 09:37)mikestone Wrote: No redundancy pay required if they leave Fairbrother voluntarily to go and work for WBT.
They aren't leaving voluntarily if Fairbrothers have no work for them. If Fairbrothers still had work for them but WBT advertised vacancies with better pay and conditions and drivers choose to say to Fairbrothers "I'm leaving as another operator is offering me better terms" then they are leaving voluntarily.
RE: Warrington's Own Buses - RSTurbo50 - 22/08/2018 10:20
I guess the only people that can answer all this are WOB’s and Mr Fairbrother
RE: Warrington's Own Buses - Mayneway - 22/08/2018 11:43
(22/08/2018 10:01)knutstransport Wrote: Does it not matter if correct procedures in accordance with employment law are followed or not?
But it's a sad fact that many people out there work for companies and only have a very basic verbal contract in place. They don't receive holiday or sick pay, nor get pension contributions. They simply turn up, work and get paid for the hours they actually work. In some cases they invoice or bill the company for the hours they have worked and receive payment then are responsible for paying their own tax/national insurance and pension contributions.
It's all very well stating that there's procedures in place but a lot of companies know exactly how to exploit loopholes.
If there's no written contract in place between worker and employer it's almost impossible for them to transfer to another company under TUPE. It can be done but it's difficult. It's most likely they have been offered employment with WOB. They won't transfer but there's a job for them under standard WOB contract if they want it.