(6 hours ago)Busadvocate wrote When a service provider changes such as a replacement contract situation, TUPE can apply.
However, the employees must be part of an 'organised grouping of employees'.
So if there is a specific rota of people employed on the service that is changing provider, then TUPE definitely applies. The outgoing provider can say to the new provider that when the work transfers, all responsibility for the employees passes to them, including any redundancy payments. (But not pay in arrears owed for work done for the outgoing provider!)
But other situations become much less clear, and if the work concerned is only a small part of a general rota, it probably would be be out of scope.
See the ACAS basic summary at https://www.acas.org.uk/tupe/advice-for-...-employees . And, for more discussion of how it is applied https://www.davidsonmorris.com/when-does-tupe-apply/
Of course, in many situations in the bus industry, the work involved in the lost contract is only a small part of the outgoing operator's activity and they wish to hang on to the staff in any case. Even then, a driver who is part of an "organised group" and who wishes to transfer with the service would still be entitled to claim TUPE.
I think Murdnonc was making a tongue in cheek comment re the Type and being at depot gates, relating to a previous company un-named.. I don't think he was actually serious in asking about TUPE rules and regs.