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Transfer of Connex staff

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1240/5(7521)

WRITTEN QUESTION TO THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES

BY DEPUTY G.P. SOUTHERN OF ST. HELIER ANSWER TO BE TABLED ON TUESDAY 19th MARCH 2013

Question

Further to his statement on 5th March 2013 that "CT Plus, now operating as Liberty Bus offered employment on the same key terms to all Connex staff who were eligible to transfer including in relation to pensions, holiday entitlement, health care, basic working hours, continuity of service entitlement.", does the Minister consider that his use of the words "key terms" is misleading, in that the relevant clause of the Connex contract (18.3) has the words "on the same terms and conditions" and is therefore absolute and not open to the interpretation he has placed on it?

Does he believe that the five terms he refers to are all of the "terms and conditions" required in a bus workers contract which have to be the "same", or are there others?

Will he list for members all the terms and conditions which are in the CT Plus and previous Connex contracts to demonstrate their differences, if any?

Does the Minister consider that he has failed to ensure that bus service tenders were accepted and judged under the terms of article 18.3 of the Connex contract?

Answer

I would refer members to my statement of 5th March 2013 and to my response to Q7152.

As I have said on a number of occasions, there was no obligation to "deliver the transfer of all staff "on the same terms and conditions"".

I would again refer members to the full text of clause 18.3 as set out in my response to Q7152.

I do not consider that there is anything misleading about my use of the words "key terms".

The recent transfer of bus service staff took place in accordance with the requirements of clause 18.3. If Deputy Southern is of the view that this is not the case then I would be grateful if he would provide me with full written details of the ways in which he believes we have failed to comply with these requirements.