I was employed at one company for 20 years as
Page 36
If you've noticed an error in this article please click here to report it so we can fix it.
transport manager and two months ago I was told the firm was going on to third-party management. I was told I was redundant and was given a cheque.
The company is still running the same vehicles and I found out from the area traffic office that it still has a licence and I am still shown as the nominated transport manager.
Doesn't the company have to notify the traffic area that I have left and employ a new transport manager to be able to operate legally?
How could I be made redundant when the company still needs a transport manager?
Goods Vehicle (Operators' Licences, Qualifications and Fees) Regulations 1984 makes it a condition of a standard Operator's Licence that the licence holder informs the Licensing Authority of any event which could affect the requirements relating to professional competence of a transport manager and that he does so within 28 days of the event coming to his knowledge. This covers the situation where a nominated transport manager leaves the employment of the licence holder.
Schedule 6, paragraph (5) of the same regulations, says that if a transport manager stops working for the business, the holder will not be treated as failing to satisfy the professional competence requirement for the time the LA considers reasonable for appointing a new transport manager. That period cannot exceed 18 months.
We are not clear what you mean by third-party management. The regulations require the nominated transport manager to be employed by the licence holder and have continuous and effective responsibility for the transport operations of the business where they relate to the carriage of goods.
From what you say, the transport company appears to be continuing to operate and, if it still holds a licence itself, it must employ a transport manager to meet the professional competence requirements of the regulations. If that is the case, it would appear that the job of transport manager was not redundant and you were dismissed for other reasons.