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Posted By John Beadle
If a Planning Supervisor resigns his commission with the client, what is the PSs legal position until the client appoints a new PS and re-issues the notification the HSE.
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Posted By Mike Draper
As far I am aware there are no niceties in CDM that are relevant, but there may be some contractual considerations, such as a transition period to allow the Client time to find a new PS and for there to be a handover. Check the contract arrangements.
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Posted By Brett Day
If memeory serves right the APS have a standard letter to cover this, I gather it was put together for clients who take no notice of the PS, late appointment etc. Might be worth giving them a call.
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Posted By Dave Wilson
Well clients not taking any notice of PS now there's a shocker!
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Posted By Brett Day
Dave you cynic !! All of my clients take notice, I'm sure that the letter was a theory exercise !!!
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Posted By DJ
John,
I agree with Mike on this one, any obligation on a PS who has formally resigned would have to be a contractual one as there are no statutory obligation on him under CDM.
In fact, technically, the resigning PS does not even need to notify the HSE (although it is clearly in his interests to do so), as it will be the duty of the incoming PS to notify the HSE of the changes.
The key point here however, is that unless the PS and PC are tied down contractually, there is nothing to prevent them from resigning and bringing work to a stand-still, which could be very expensive for the client.
Please drop me a line if you wish to discuss this one further.
Regards.
DJ
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