There have been a number of comments on this and other threads about what the franchise agreement commits
GWR▸ to by way of staffing. As fas as I can see, there is nothing that names numbers at all, even by implication. There's a lot of "reasonable endeavours" and "adequate provision", and at least one use of the words "staffing level" but really about gateline opening hours. There is less than I would expect about transfer of staff into and out of the franchise - but then GWR were their own predecessors.
There is a section (Schedule 1.2, page 110) about "operating obligations". It goes on a bit - as you'd expect. Here are a couple of relevant slabs of it:
Operating Obligations
1. Daily Operating Obligations
1.1 The Franchisee agrees to use all reasonable endeavours to operate on each day of the Franchise Term each of its Passenger Services as are set out in the Plan of the Day for that day with at least the Passenger Carrying Capacity specified in the Train Plan for that Passenger Service. The Franchisee shall notify the Secretary of State as soon as reasonably practicable if it has on any day of the Franchise Term failed to operate to a material extent each of its Passenger Services as are set out in the Plan of the Day for that day and with at least the Passenger Carrying Capacity specified in the Train Plan for that Passenger Service.
...
7. Obligation to use all reasonable endeavours
7.1 Any obligation in this Schedule 1.2 on the part of the Franchisee to use all reasonable endeavours to operate railway passenger services shall include an obligation to:
(a) ensure (so far as it is able to do so) the provision of the Passenger Services as set out in the Plan of the Day in accordance with the Train Plan in ordinary operating conditions;
(b) take reasonable measures to avoid and/or reduce the impact of any disruption to the Franchise Services having regard to all the circumstances, including the reasonably foreseeable risks arising from the matters referred to in paragraph 7.2; and
(c) actively manage the performance by Network Rail of its contractual relationship with the Franchisee (and provide appropriate management resources for this purpose) so as to secure the best performance reasonably obtainable from Network Rail by these means (including taking the steps referred to in paragraph 7.4), having regard to all the circumstances.
7.2 The matters to which the Franchisee is to have regard pursuant to paragraph 7.1(b) shall include:
(a) variations in weather and operating conditions (including Network Rail's infrastructure not being available for any reason), which may in either case include seasonal variations;
(b) default by, or restrictions imposed by, suppliers to the Franchisee;
(c) shortages of appropriately skilled or qualified Franchise Employees;
(d) disputes with Franchise Employees;
(e) the availability of the Train Fleet, having regard to maintenance requirements and any Mandatory Modifications;
(f) establishing reasonable Turnaround Time allowances for enabling or disabling (as appropriate) any part of a train, the rostering of any train crew and the servicing or cleaning of any rolling stock vehicles; and
(g) failures of rolling stock vehicles in service and contingency arrangements (including Hot Standbys and rescue traction).
7.3 For the purpose of taking measures in respect of any disruption to the Franchise Services in accordance with paragraph 7.1(b) and assessing the extent of any risk referred to in paragraph 7.1(b) and any such risk's reasonable foreseeability, regard shall be had both:
(a) to the historical levels of incidence of disruption in the operation of:
(i) the Franchise Services;
(ii) similar services both by the Franchisee and/or its predecessors; and
(iii) other services of a type similar to the Franchise Services; and
(b) to potential changes in circumstances which may affect those levels.
7.4 The steps to which paragraph 7.1(c) refers include:
(a) co-operating with Network Rail in the development, agreement and implementation of:
(i) a 5-year (rolling) Performance Strategy Plan; and
(ii) recovery plans in response to failures to achieve the performance levels specified in any Performance Strategy Plan;
(b) co-operating with Network Rail in adopting the principles set out in any Service Recovery Plans agreed between Network Rail and the Franchisee from time to time;
(c) undertaking regular reviews of:
(i) the most common and most detrimental causes of PPM‡ attrition and delay to the Passenger Services; and
(ii) the ten causes of delay to the Passenger Services with the longest duration (to the extent not already reviewed in accordance with paragraph 7.4(c)(i)), which have occurred during that defined review period (e.g. weekly / four weekly / quarterly) and which have been caused by the Franchisee, any other Train Operator, any other train operator licensed under the Act or Network Rail;
(d) undertaking with Network Rail a review of the time taken to recover the Passenger Services following the occurrence of any of the events specified in paragraphs 7.4(c)(i) and 7.4(c)(ii) and seeking to identify and implement actions that reduce the delay effect of such events;
(e) setting up and holding regular and effective performance review meetings with Network Rail, evidenced by meeting minutes and the closure of actions agreed between the parties;
(f) regularly monitoring (at least every Reporting Period) the delivery of commitments made by Network Rail in the Performance Strategy Plan and derived delivery plans and using reasonable endeavours to specify and develop such delivery plans;
(g) as and when required by Network Rail, co-operating with Network Rail in improving the accuracy of future timetables by providing access to trains (and data collected from on train systems), other facilities and/or information;
(h) co-operating with Network Rail in other delay management initiatives and ongoing quarterly reviews of the Performance Strategy Plan;
(i) regularly reviewing (at least every Reporting Period) the imposition and clearance of temporary speed restrictions;
(j) regularly reviewing (at least every Reporting Period) the timely and efficient handover and hand-back of possessions; and
(k) where appropriate and where Network Rail fails to perform its obligations under the Track Access Agreement, enforcing the Franchisee's rights under such Track Access Agreement.
7.5 The Franchisee undertakes to reasonably co-operate with Network Rail with regard to Network Rail's management of the network, including in relation to the establishment of up to date Timetable Planning Rules (as such term is defined under the Network Code).
7.6 To the extent not already provided for in the Franchise Agreement, the Franchisee shall use all reasonable endeavours to ensure the performance by Network Rail of its obligations under any relevant agreement including, where appropriate or where requested by the Secretary of State, enforcing its rights against Network Rail under any such agreement.
7.7 When and to the extent reasonably requested by the Secretary of State, the Franchisee shall provide to the Secretary of State evidence of the steps taken by it in order to comply with its obligations under this paragraph 7.
