A MIDLAND bus company faces paying a Redditch former driver and his colleague thousands of pounds following the loss of their jobs – even though they never worked for the firm.
Robert Hillman of Southcrest Road in Redditch and Steven Smith were both employed by The Diamond Bus Company of Tividale, near Dudley, as bus drivers on three bus service contracts with the Worcestershire County Council, Birmingham Employment tribunal was told.
But the council axed the contracts and Mr Hillman and Mr Smith lost their jobs – prompting their compensation claims for unfair dismissal, redundancy money and holiday and notice pay against the Diamond firm at the tribunal.
Matt Abdullah, representing both claimants, said that the contract for the three bus services had since been taken over by Solihull Travel Ltd of Birmingham and no one seemed to accept responsibility for paying the compensation.
One of the bus routes affected was the 178 involving Redditch.
The Solihull firm did not attend the hearing.
Mr Garry Smart, representing the Diamond firm, told the tribunal that the respondents, Diamond Bus Company, were not responsible for paying the compensation because there had been a takeover of the contract.
Tribunal Judge Mr John Keith agreed and dismissed the Diamond firm from the claim.
He said Solihull Travel Ltd was liable because they had taken over the contract.
He ordered that the firm should attend a tribunal hearing later this year as the proper respondents.
Mr Keith said the possibility of Mr Hillman and Mr Smith being reinstated as drivers might be considered at the next hearing as an option to compensation.
Mr Hillman who had been a bus driver for Diamond for four years said he had now retired at the age of 65.
Mr Smith said he had been employed by Diamond for seven years and was now a driver for a delivery firm.
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