TUPE man and Van 1 single unit?
Discussion
Probably a mine field but.
Situation.
Remote Drivers work for Company A based 100's of miles away from 90% of the drivers. Job starts from when they leave home and stops when they return. So drivers have always taken the Vans home.
If the drivers are to be TUPE'd over to a new company. Does the Van form part of the unit. The current vans are fast approaching EOL and new company would need to replace within the firsts few months. Would the onus be on Company A to provide the drivers with fit for purpose vehicles. Do the Driver and Vans come as a single unit/liability
Thanks
Head is battered
Situation.
Remote Drivers work for Company A based 100's of miles away from 90% of the drivers. Job starts from when they leave home and stops when they return. So drivers have always taken the Vans home.
If the drivers are to be TUPE'd over to a new company. Does the Van form part of the unit. The current vans are fast approaching EOL and new company would need to replace within the firsts few months. Would the onus be on Company A to provide the drivers with fit for purpose vehicles. Do the Driver and Vans come as a single unit/liability
Thanks
Head is battered
The vans themselves do not form part of TUPE, however whether they are provided with one does.
So, IMO
If they have a contractual stipulation that they have a vehicle for their job and that will be provided to them including commuting, that needs to continue.
If they have a seperate policy saying that the vehicle they are provided with contractually may also be taken home and used for commuting (presuming they are paying BiK?) then that needs to continue.
If they have neither then it becomes a question of what precedent has been set and documented - speak to a HR professional.
So, IMO
If they have a contractual stipulation that they have a vehicle for their job and that will be provided to them including commuting, that needs to continue.
If they have a seperate policy saying that the vehicle they are provided with contractually may also be taken home and used for commuting (presuming they are paying BiK?) then that needs to continue.
If they have neither then it becomes a question of what precedent has been set and documented - speak to a HR professional.
matty g said:
Probably a mine field but.
Situation.
Remote Drivers work for Company A based 100's of miles away from 90% of the drivers. Job starts from when they leave home and stops when they return. So drivers have always taken the Vans home.
If the drivers are to be TUPE'd over to a new company. Does the Van form part of the unit. The current vans are fast approaching EOL and new company would need to replace within the firsts few months. Would the onus be on Company A to provide the drivers with fit for purpose vehicles. Do the Driver and Vans come as a single unit/liability
Thanks
Head is battered
IANALSituation.
Remote Drivers work for Company A based 100's of miles away from 90% of the drivers. Job starts from when they leave home and stops when they return. So drivers have always taken the Vans home.
If the drivers are to be TUPE'd over to a new company. Does the Van form part of the unit. The current vans are fast approaching EOL and new company would need to replace within the firsts few months. Would the onus be on Company A to provide the drivers with fit for purpose vehicles. Do the Driver and Vans come as a single unit/liability
Thanks
Head is battered
if the Company Van is "contractual" then the onus is on the new Employer to provide you with one (AIUI the new Employer takes over the contractual obligations from Company A). There is no requirement for Company A to provide you with a van. Arguably you wouldn't expect Company A to provide you with a desk, chair, PC and all the other accoutrements of modern office life once you transferred to Company B, so I don't think they're obliged to provide you with a van.
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