Pretendolino
Member
- Joined
- 15 Feb 2014
- Messages
- 31
You may also find that industrial action can be treated as a 'force majeure' event in the eyes of a Franchise Agreement / EMA / ERMA / NRC. While train operators have an element of influence over staff, they do not have complete control (otherwise they'd be assets on the balance sheet, right!).Thanks Clarence Yard. It really is starting to sound like the balance of responsibility lies with the DfT here if they are baking all this into the contracts.
Is this all down to one or two incompetent civil servants who thought they were being clever ‘reducing costs’ by forcing TOCs to lean on rest day working etc without realising the chaos they were about to cause?
Also, the DfT is publicly calling for more flexiblility from rail workers, which I take to mean contracting Sundays etc. At the same time they seem to be baking into contractual arrangements an over reliance on rest day working through the whole week. Is that not a complete contradiction?
It will be sort of interesting to see what happens when the schools go back but it is also damning what is happening at the moment. Summer happens every year. Fair enough there has been some impact from Covid but it sounds like the biggest culpability here is with the DfT.
This means that 'performance relief' can be sought against performance regimes (Schedule 7.1 TOC on Self Delays and Cancellations come to mind). This effectively takes delays/cancellations out the equation so that performance benchmarks aren't breached (hence no contractual breach) and large penalties are avoided. I'd expect other types of relief or easement of contractual terms can also be granted if circumstances are exceptional.