(Yesterday, 9:52 am)S830OFT wrote Regarding TUPE, there has been two to my knowledge where drivers had the option to transfer with the contract, that being from Yourbus to Stanley Travel when they lost the Durham Cathedral Bus & from Scarlet Band to Arriva, back to SB & then transferring to GCT every time the contract for the Durham Park and Ride changed.
Presumably that will take place again if a new operator secures the contract later this year, although I do believe it will be requiring electric vehicles this time round, which may make it slightly harder for an independent to obtain the contract...
It does seem hard for drivers to get "perk terms" where they can just drive one set contract or route, as a lot of companies do expect their staff to learn most of the routes so they get a greater chance of getting shifts & overtime etc.
Although you do tend to see that particularly on miscellaneous contracts or newly gained one bus contracts, where it would be the same driver everyday, unless they were off work. It can also sometimes be beneficial for customers to develop a better communication with their driver, where they end up on first name terms because they become part of each others routine...
This is where problems stem from though, isn't it? Suggestions that because it happened with A to B, it must also be the case for C to D, when the reality is that you're dealing with legislation and case law.
The best thing the affected employees can do is seek professional advice from their trade union, ACAS or a solicitor specialising in employment law.