Payment in lieu

taxigeoff

Hi
I am a self employed taxi owner/driver and have a contract with my local County Council (April 2012 -April 2014) to take children to school. The contract states that i only get paid when the schools are open and i take them in. The contract also states that they can give me 4 weeks notice to terminate the contract.
In November 2012 they sent me a letter stating that they are intending to reorganize all school contracts and will give 4 weeks notice if my contract came up for re-tender. On 7 August 2013 i received a letter stating that they where giving me 4 weeks notice as my contract was terminated on 19 July 2013 and i am not entitled to 4 weeks pay in lieu as the school is on holiday.
My argument is that i am under no contract with them during school holidays as i don't get paid so i can only be given 4 weeks notice when the schools go back and should be paid 4 weeks notice in lieu from that date I also think that 4 weeks notice should have been given 4 weeks prior to 19 July 2013 and they are depriving me of working my 4 weeks notice.
I have contacted the transport manager and he says my contract is ongoing even in school holidays and he dosent agree with me about the above points
Regards Geoff

ILW

You are self employed.

McKneff

taxigeoff wrote: »

Hi
I am a self employed taxi owner/driver and have a contract with my local County Council (April 2012 -April 2014) to take children to school. The contract states that i only get paid when the schools are open and i take them in. The contract also states that they can give me 4 weeks notice to terminate the contract.
In November 2012 they sent me a letter stating that they are intending to reorganize all school contracts and will give 4 weeks notice if my contract came up for re-tender. On 7 August 2013 i received a letter stating that they where giving me 4 weeks notice as my contract was terminated on 19 July 2013 and i am not entitled to 4 weeks pay in lieu as the school is on holiday.
My argument is that i am under no contract with them during school holidays as i don't get paid so i can only be given 4 weeks notice when the schools go back and should be paid 4 weeks notice in lieu from that date I also think that 4 weeks notice should have been given 4 weeks prior to 19 July 2013 and they are depriving me of working my 4 weeks notice.
I have contacted the transport manager and he says my contract is ongoing even in school holidays and he dosent agree with me about the above points
Regards Geoff

But you are under contract during the school holidays, its actually in your contract that you don't get paid during this time.
Contracts don't stop and start when schools shut and open. They are on going.
So you have no comeback. Sorry.

HPoirot

If your contract says 4 weeks' PRIOR notice then they have effectively breached this term. Otherwise, I agree that your contract still runs over the school holidays and actually provides for this period.

taxigeoff

How can they give you 4 weeks notice 3 weeks after the contract was terminated. Surely i should have been given notice 4 weeks prior to the contract terminating.

Mxty

Ethically yes, not everything works this way however. If your contract states that you don't get paid during the school holidays then you are still under contract but don't get paid therefor they can let terminate your contract.

HPoirot

If 19th July was the last day of school then taxigeoff won't get paid in lieu of notice even if he raises the issue, so no point arguing I suppose.

HPoirot

Taxigeoff, are you still able to bid for the re-tender? If the date had passed by the time you received their letter, then you would have a valid point raising the issue of the payment in lieu of notice.
I do agree that it looks like the school had it both ways, contract assumed to be still running over the holidays but unilaterally terminating it without notice on (what I am supposing was) the last days of school.

taxigeoff

HPoirot wrote: »

Taxigeoff, are you still able to bid for the re-tender? If the date had passed by the time you received their letter, then you would have a valid point raising the issue of the payment in lieu of notice.
I do agree that it looks like the school had it both ways, contract assumed to be still running over the holidays but unilaterally terminating it without notice on (what I am supposing was) the last days of school.

I am unable to bid for the new contract as they have combined it with another run and it is now a bus contract. I only have a car

HPoirot

Does the contract say anything about penalty payment on their part if they breach it?

You can still raise the point with them that they have breached the contract by not giving notice and press for payment in lieu. I doubt you will get any though, as (I assume) you have been working up till school broke and would have been in the middle of the holidays if you had been allowed to work your notice for 4 weeks from when the letter was sent.

taxigeoff

HPoirot wrote: »

Does the contract say anything about penalty payment on their part if they breach it?

Haven't seen anything like that in the contract

I suspect they will say they did not know the run had changed until August even though they sent me a letter warning me of changes last November. I and other operators have always received payment in lieu during school holidays in the past.
I am considering taking this to the small claims court