(30 Apr 2026, 9:32 pm)Adrian wrote What, and they just did it? Are they going to look for a pot of gold at the end of a rainbow too?

I have every sympathy if they've had wages withheld, but they need seek proper advice from a trade union or ACAS.

Mr Fairchild issued a letter to all affected drivers the night before the new operator started operating the Sunderland Connect service, advising that they were to report to a depot in Sunderland at 07:00 or 14:00 and follow management's instructions, as he believed TUPE applied.

Since, there has been a standoff for all involved with drivers seeking advice from ACAS - however this is currently a work in progress due to the immense pressure ACAS has been facing in recent years.

Mr Fairchild incorrectly believed that Nexus had a clause in the contract that stated TUPE should automatically apply, and incorrectly believed that it was Nexus who would broker this. Having consulted the wording of the contract, I can confirm it says that City Transport should endeavour to talk to any new operator in regards to the obligations of TUPE - not that TUPE will automatically apply. Mr Fairchild has since been in a fruitless conversation with the Bus Services Manager at Nexus, and seemingly unable to understand how TUPE works. 

From the correspondence I have seen, the Bus Services Manager has been incredibly patient and clear with Mr Fairchild that there is nothing Nexus is able to do with TUPE - however has tried to ensure that a dialogue between operators has taken place, above and beyond anything they should do.

Mr Fairchild advised the staff that the new operator would pay the month's wages owed to date. It is also my understanding that drivers who didn't want to TUPE have been told that their month's wages would be paid by the new operator. Sadly, due to historic payment issues between Mr Fairchild and his drivers, and them prioritising homes and families, a lot of drivers have been unable to maintain union subscriptions during this period, and have been declined assistance by Unite the Union.

From messages I have seen, Mr Fairchild has been abusive to drivers - including the one who was appointed the employee representative as part of TUPE - who have questioned him and provided evidence that is contrary to what he says. 

Mr Fairchild has also told drivers to take him to a tribunal. As part of this, he stated the following:

"Do your own research. One of you must have access to a legal advice helpline on car insurance/union membership etc.

Tell the solicitor you are part of an 'organised grouping' of staff that deliver the 'Sunderland Connect' bus service in sunderland which yesterday changed from operator A to operator B.

Say that operator B is being obstructive and denying people access to their jobs.

Say that you expect that Operator A may cease trading imminently and that the Managing Director has fled the country."

Mr Fairchild has since wrote to the North East Mayor, Kim McGuinness, about what she can do to support the drivers.

An interesting turn of events has seen Mr La Pilusa, director of Boroughbridge-based A&A Coach Travel advertising a job vacancy directly to the drivers, with the following:

Tyne & Wear Based PCV Driver Vacancy

A&A Coach Travel Ltd are looking to recruit PCV drivers based in the North East.

Driving Experience
Experience of doing rail replacement runners and standbys
Ability to achieve an upper-quartile score in any analysis of your driving
Max three DVLA penalty points

Desirable – familiarity with UK double deck buses, 15m tri-axle coaches and/or 18m articulated vehicles
Desirable – no 50km route length restriction

Working Location and Times
Must be comfortable working out of either of the company’s bases (Tyneside and West Yorkshire) and on remote projects / based in hotels.
On occasion, school services and private hires will be detailed
Flexible availability required (obviously rest days provided, with preferences accommodated where possible)
An awareness that on certain occasions, working hours will be pushed to the maximum

Person spec
Must either hold or be able to pass an Enhanced DBS check
Must be of someone of smart appearance (both visually and in terms of odours) who can enhance our brand
Must specifically be someone who is content wearing a shirt of the correct size with the top button fastened together with a tie, and NOT someone who thinks wearing a tracksuit is acceptable when management may not be looking
Must be comfortable working on an unknown/open ended basis – think the uber model of a next run coming through based on client need.
Must be comfortable using a high level of tech
Must not be a habitual user of monster/redbull/cigarettes or any other product that has an adverse perception risk or safety risk
Resilience – must have the personal ability to pay own out-of-pocket business expenses for reimbursement further down the line
Confidentiality and discretion – must be able to keep company or client information confidential as necessary.

Desirable – education beyond GCSE level
Desirable – a language in addition to English

Commercials
Monthly salary of £1800 gross
True-up twice per year
28 days holiday leave
Workplace pension

The wording of this appears to suggest that A&A Coach Travel are taking over the operations of City Transport, using their vehicles, and that Mr Fairchild will be part of that operation.



Whilst TUPE may appear to apply, it is my opinion that the new operator is operating the contract under the "short term task" exemption, which protects them from having to take on new staff, their owed wages and contractual agreements for such a short contract. However, in lieu of anything like that being confirmed by either operator, the staff have no option but to pursue action as litigants in person and seek a tribunal judgement, which may be years away.