[Suehuitt]

I have read on the search forum about previous TUPE, please help me, does this mean that even though i have been told this morning that TUPE may apply if I am successful, I have to take on the cleaner, apparently she never turns in? Where do I stand?

[Kevin White]

Afraid so !

If she has been there more than 12 months.

If you have to take her on start disciplinary actions asap if her time keeping persists.

You will also need to keep her on same package or give correct notice if this is to change.

[Suehuitt]

thanks ever so much I am hoping the cleaner will go with previous contractors

[wilclean]

hi
I been told that if this is her only job she is protected but if she has another job besides this one she isnt and you can get rid of her straight away but you will need to check on that tho.


                                          kind regards Paul (Wil-Clean LTD)
 

[Suehuitt]

thanks ever so much for the help greatly appreciated

Sue

[Dust Knights]

If she has been there more than 12 months.

I been told that if this is her only job she is protected but if she has another job besides this one she isnt and you can get rid of her straight away but you will need to check on that tho.

Neither of the above quotes are correct.

TUPE applies from Day 1 and does not kick in at 12 months.

It doesn't matter how many jobs the cleaner has. If she is employed at the site then TUPE applies.

Chris

[Boston Spa Cleaning Services]

just had all this and lost a tribunal didn't meet her until the tribunal and we had to pay her redundancy 

[Art]

just had all this and lost a tribunal didn't meet her until the tribunal and we had to pay her redundancy 

Was that because you didn't offer her employment?

[Suehuitt]

so legally i havent got a leg to stand on

[Dust Knights]

You have to offer her the opportunity to transfer to you. It's her choice.

Once she's your employee it's up to you to either ensure that she turns up and does her work every day, or you go down the disciplinary route.

Frustrating for all parties but who said life was easy?

Chris

[Suehuitt]

thanks for your advice  everyone

[shelton]

Mmm, interesting. 

I hd a potential TUPE related case a couple of years ago and was told that if the operative was employed solely for the purpose of that particular contract, then they had a right to transfer.

This wasn't 'bloke down the pub' advice either.

Suggest you get some proper advice on this, merely because of the pitfalls it can create.

[Timmy Boy]

tell your client that you have to take them on, employ them and then be there every night busting their chops on the smallest thing, they will either become a very good cleaner or tell you to poke your job and walk!
Regards

Tim

[Boston Spa Cleaning Services]

didn't even know about her . the last contractor terminated there contract so we thought there staff had gone with them .cost us £2500

[Robert Parry]

Check and double check all information, including contacting the previous contractor, also put in your own T & C's, that your quote makes no allowance for TUPE, and that you reserve the right to change your prices to reflect any of the costs involved under these rules.

Regards,

Rob

[Ian Rochester]

Remember that if you quote for a job and budget to be paying minimum wages, if the current cleaners are on a higher wage, then that is what you have to pay until you are able to amend their contracts.