Greater Manchester Franchising Scheme for Buses 2021
Notice of Agreement on Principally Connected Criteria
Published February 2022
In accordance with Regulation 3 of The Franchising Schemes and Enhanced Partnership Schemes (Application of TUPE) (England) Regulations 2017 (the Regulations) TfGM on behalf of GMCA, undertook consultation with operators of affected local services and appropriate representatives of employees employed on those affected local services. The purpose of the consultation was to seek agreement on the criteria to be used to determine whether a person’s employment is “principally connected” with the provision of affected local services.
Pursuant to section 3(4) of the Regulations, once there is agreement between the parties, the authority which has made the scheme must notify the parties and publish the details of the agreement.
The consultation ended on 10th February 2022 and the following agreement was reached:
Principally Connected Criteria
“A person’s employment is treated as being principally connected with the provision of affected local services if that person spends, on average, at least half (or 50%) of their working time (i) assigned to the provision of the affected services or (ii) assigned to activities connected wholly or mainly to the provision of those affected services."
Bus reform decision March 2021
Outcome of Tranche 1 Allocation Arrangements Consultation
Regulation 7 of the Franchising Schemes and Enhanced Partnership Schemes (Application of TUPE) (England) Regulations 2017 (the Regulations) requires the franchising authority to consult relevant operators and appropriate representatives of relevant employees about the proposed allocation arrangements – i.e. the plan which sets out which employees should transfer to which local service contract.
The allocation arrangements consultation process must:
- identify organised groupings of relevant employees, or classes of relevant employees within such organised groupings.
- identify for each organised grouping of relevant employees or, as the case may be, class of relevant employees within such organised groupings, the local service contract or the awarded contract to which each organised grouping or class of relevant employees is to be assigned.
All Tranche 1 operators and their employee representatives were invited to engage in the Allocation Arrangements Consultation. In the attachment below you will see the outcome of this consultation.