That's the theory. There's no reason why an existing commercial company (with obligations to its shareholders) have to do anything to facilitate that though. The rules (TUPE) impose obligations on the new operators to take on staff on their existing terms and conditions. If Diamond think that drivers are going to jump ship / move internally or they're going to have natural wastage and not want to pay for training and recruitment, then Burnham's going to have to dip into his pocket (or, more realistically, into council tax payers' pockets) to pay for it. Diamond has no reason, legal or moral, to help TfGM take its business away.Everyone at Bolton working for Diamond has the exact same job when GoAhead take over. Same viz-a-viz Stagecoach... I'm told that the aim is to have every garage and every staff role working on the same pay and conditions as each other, so if you moved depots, nothing changes but your location.
As for all TfGM contracted drivers having the same pay and conditions, this is "harmonisation". Given the TUPE regulations I referred to above mean that staff are transferred on their existing pay and conditions, the only way harmonisation can take place is if everyone is brought up to the highest level of pay, and their conditions made equal to whatever are the most favourable.
I suppose there will still be one or two employees with grandfathered conditions dating back to GM Buses days, so in effect that means all new staff getting the pay, holiday conditions, rostering rules of those few hold-outs. The other way it could be done is to negotiate with the unions for a new harmonised scheme that has less favourable conditions, but (usually) offset by a one-off "bonus". Either way, it either means more cash, or look forward to strikes in December 2023, or scrap that as an idea and keep each depot / garage on whatever terms they have but gradually change them.
Even then, I suspect such a requirement would probably breach quite a few EU laws that are (currently) still retained in UK law, including Article 56 Treaty on the Functioning of the European Union, and the Public Contracts Regulations. And given his pro-EU credentials, surely Burnham wouldn't want to take advantage of a Tory Brexit Benefit even if he could, would he?
I believe this only applies to companies who are already franchised. Pre-franchising the buses owners aren't obliged to do or pay anything to TfGM. They may choose to sell them, and if they do no doubt there will be warranty that they are of a certain condition, mileage, service record, etc.Have also heard that when franchises come into effect, the outgoing operator is liable for "outstanding maintenance fees" for the first 3 months following the change. Presumably to stop anyone running the buses into the ground then simply walking away...
I don't think it's a high risk strategy. In fact it makes perfect sense. If you get fired or given notice on employment, for example, it's quite common to be put on gardening leave or paid a lump sum in lieu of notice, because once you know you aren't wanted anymore, and there's no future, all bets are off.I suspect when this hits the streets there is going to be quite a reaction! I wonder what TfGM will do. If they put them out to tender will Diamond bid? Where will anyone get the staff from? And is this an over-reaction to make a few bucks out of the last few months of the status quo? High risk strategy if it is.
Likewise for Diamond, why do anything at this point that involves spending any money or taking any risk? Best option is to deregister anything that's not at risk of being snapped up by a nearby operator and cut your losses and concentrate on activity that does have a future. And if TfGM are forced to tender the routes, and if your operation is the only realistic bidder, all the better.
I wouldn't be surprised if that's the way all the current operators play it once they discover they've lost the franchise for their routes.