Hi all.
There is a small problem that traffic commissioner (team leader) gives me about external transport manager employment contract. Long story short, they don’t accept the employment contract. The TM works for the company and I pay to this company then they pay to TM. On the contract his name, duties, all standard TM contract, fee etc, but Team leader tells me its unacceptable to pay company, and must pay directly to TM. I asked, it is the same thing when companies employ agency driver, they don’t pay driver but pay to agency then agency pay the driver, isn’t it same scenario? She keep tells me it is different situation and ruled by Traffic Commission this way.
If I add that print - Payment will go directly to TM account- licence will be issued but now on hold until this is fixed. I cant find another individual, as she said this will take another minimum 21 days to complete application. So, must sort with the current TM.
Who ever I spoke with (insurance co, finance co) they are all in shock that make this so hard for this type of tiny thing.
Any one of you experienced this sort of requirements and what would you do?
Realise they are keen for the operator to show the link of the TM and the company. But not as pedantic as you describe. Don’t have access at the moment, but if it is as they say, have a look at the TCs Statutory Documents, or better still as the team leader where is shows it so clearly in the SDs. It is possible it’s a single leader wanting to push a point. The big point is the TM has signed the TM1 form and have a contract. How they are paid is a bit less relevant ( not entirely but you get my point t)
Acorn:
Realise they are keen for the operator to show the link of the TM and the company. But not as pedantic as you describe. Don’t have access at the moment, but if it is as they say, have a look at the TCs Statutory Documents, or better still as the team leader where is shows it so clearly in the SDs. It is possible it’s a single leader wanting to push a point. The big point is the TM has signed the TM1 form and have a contract. How they are paid is a bit less relevant ( not entirely but you get my point t)
Hi ‘Acorn’, thank you for the comment. Team leader sent me statutory document no 3 explains ;
A transport manager cannot however be employed through or part of a package supplied by a transport consultancy and any attempt to must be referred to the traffic commissioner.
and continued;
In view of this the matter must now be referred to the traffic commissioner for consideration. In order to allow you the best opportunity I have provided you with a final opportunity to rectify this by providing a new contact and evidence that I believe will confirm the contact is with Mr ***, i.e the payment details being recorded on the contact. If you wish to submit this for consideration please do so by 07/11/2019
They have received employment contract between me and tm, why they care how he is going to be paid??
Another funny things is, I called another person and asked randomly, do I have to put payment details on the contract she said no need. Then I said, why my team leader required? hold on sec,( spoke with team leader) oh yes you will need to put because you team leader requested… is this more like a personal thing that the team leader want to push more and delay…but why
Having read that extract I can see where they may be coming from. The TM is an individual ( an entity) as is a limited company. Is your TM the sole director of the company.
I might spend a few quid to get some relevant legal advise on how you might get along at a PI. I can see how the TC is trying to ensure responsibility and liability without the h8nderance of a company involved. Let’s not go exploring too closely why the TM wants to use a company instead of being on the books (have a look and do the IR35 test for the TM) It may lead to the idea its for tax purposes and that’s not flavour of the month.
