A further non-contract-complaint process presented by Kier’s Regional Business manager, Neil Pendlebury-Green. Once again, no mention of Appendix A to Annex 23, just an attempt to overstate a claim …
With regards the AIW charges, we have reviewed our process in relation to these as previously mentioned to create a more incident specific charge based on the day and time of the incident. As you will appreciate, a claim that happens in the earlier hours of a Saturday and Sunday morning, costs EM significantly more*. I have included an example of the charges below, based on a 4 hour charge.
It took a while to convince Neil that, much as he wanted to charge more for a vehicle of a weekend, unlike operatives and staff (people), plant does not expect to be paid any more for working weekend – they do not have a family to be with, they will not have made plans for the days etc!
*Why does a claim that happens in the earlier hours of a Saturday and Sunday morning, cost EM (now Kier Highways) significantly more? Mr Pendlebury-Green’s process reinforces the uplifts we see to this day:
|Mon to Fri 8am to 5pm||no uplift|
|Mon – Thurs 5pm to 8am||1.5x|
|Sat – Sun 8am to 5pm||2x|
|Fri to Mon 5pm to 8am||2.5x**|
** a mistake, subsequently we were informed the multiplier should be 2x of a weekend.
But, according to AIW’s, they work 24/7 and even overtime is paid at ‘flat rate’.
- Where is the additional cost, why does Neil want more for AIW’s after 5pm of a weekday?
According to Kier, they pay the extra, according to AIW’s they do not.
27/10/2015, Mr Pendlebury Green argued his process (above) at a meeting in company with Kier’s claims manager, Ms Sophie Granville.
Ms. Granville subsequently told us, Third Parties and the Courts, that AIW’s work 8am to 5pm, referring to these as ‘core hours’. They appear to be office hours.
Ms. Granville sought to convince us, just as Mr Pendlebury-Green (above), that because AIW’s work 8am to 5pm, they cost more, that the operatives were paid the multipliers (uplifts).
The information in our possession indicates AIW’s working shifts, a rota of a weekend and being paid flat-rate should they go over their 9-hour shift.
If there is no more paid when an incident occurs in the earlier hours of a Saturday and Sunday morning, if Kier do not incur the ‘multiplier’ uplift to the salary they pay, why is the increase applied to third Parties (and not Highways England). How is the conduct other than a dishonest misrepresentation?