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2.11 Deputy G.P. Southern of the Chief Minister regarding the safeguarding of employment rights during the transfer of Connex employees to the new bus service provider CT Plus:
What action, if any, will the Council of Ministers take to ensure that the transfer of Connex employees to the new bus service provider, CT Plus, conforms with the principles expressed in the States Employment Board's comments on P.60 of 2012, Transfer of Undertakings (Protection of Employment) legislation, that a key aspect of any transfer should require the safeguarding of employment rights?
Senator I.J. Gorst (The Chief Minister):
This matter is rightly being dealt with by the Minister and Department for Transport and Technical Services, who are the regulators of the Island's bus service. The department is trying to resolve outstanding issues attached to the transfer of service and affected employees in tripartite meetings between Connex, the current provider of the bus service, and CT Plus, the preferred new provider. Meetings are also planned between CT Plus and the affected staff and Unite, the union, in time for the implementation date of 1st January next year. The intent of CT Plus is to employ all those employees that want to transfer to the new company on at least their existing terms and conditions of service at the time of tender. As a consequence, the Council of Ministers do not need to take any action in this matter at this time.
- Deputy G.P. Southern :
If I may, does the Chief Minister not accept that the debacle that is happening to bus drivers clearly demonstrates the need for proper T.U.P.E. legislation to be in place to give appropriate powers to Ministers, and that the code of practice he has been working on with the States Employment Board will be inadequate to protect Jersey workers following transfer?
Senator I.J. Gorst :
No.
The Bailiff :
A final question, Deputy ?
- Deputy G.P. Southern :
I like that, quick. Funny, you can spend 10 minutes on a garden and 10 minutes on people's employment. Does the Minister accept that T.U.P.E.-style legislation must apply to public/private partnerships, all forms of outsourcing from the public sector and the incorporation, particularly in the case of the ports? Does he also accept that despite statements made earlier in this Assembly, no discussions with the ports' unions' representatives have been conducted over protection of terms and conditions? Lots of talk about: "This is how we are going to unite the management" but nothing about protection of terms and conditions, and what is he going to do to protect the terms and conditions of ports' workers from now on?
Senator I.J. Gorst :
My understanding does not agree with that just outlined by the Deputy . As far as I am aware, the ports are wishing to carry out transfers in line with T.U.P.E. protections, and the Deputy knows that I am committed to that. Where we disagree is the need for legislation in order to achieve that. I believe that the States Employment Board and States bodies have committed to that principle.
- Deputy G.P. Southern :
As a supplementary, Sir. What actions will the Minister take to ensure that that commitment takes place, unlike with CT Plus?
Senator I.J. Gorst :
Once again, I do not agree with the Deputy 's question. I believe that with the Transport and Technical Services, CT Plus and Connex, that is their aim and I hope that they will achieve it. I will certainly make inquiries. As I said, my understanding and the Deputy 's do not agree with regard to harbours and airports but I will certainly make inquiries to ensure that my understanding is correct.