[johnny_h]

hello all could you please answer my question.... if i quote for and get a cleaning contract when it comes up for renewal do i have to take on the staff provided by the last cleaning company? im only a one man band opperation and i do not want to take on staff ....     many thanks in advance

[heritagecleaning]

As I understand it, if you intend to do the work yourself then any staff from the previous company bcome redundant. However, there is a time limit during which you must carry on doing the work i.e. you couldn't take on different staff 3 weeks later.


Owen

[johnny_h]

thank you yes i intend to do the work myself

[Fox]

Hi Johnny

Be careful and don't rely too much on advice on here, (not saying it's not correct but TUPE can be complicated).  Remember if you are making this person redundant due to economic reasons (basically to do yourself) then you would be liable for redundancy payments.  Meetings have to be held and sufficient notice given also otherwise they have a case for tribunal.  Do your research.

Fox

[Gerry Styles]

Check it out TUPE is a minefield. Remember it is the job that is redundant not the person

http://www.tssa.org.uk/article-46.php3?id_article=1382

[ZampaWall]

http://www.berr.gov.uk/files/file20761.pdf

Dont be put off by TUPE regulations it is part of life these days, particularly in the cleaning industry. Try to understand it more if you wish to progress in this business, take a consultation with an employment solicitor, you may have grounds for organisational reasons, again redundancy may be an issue, they may not have been employed for long so might not cost as much as you think.
If you have to take on the current staff, then you have to employ them on their current T&C's which the outgoing contractor has to provide you with. Often you can find that the current employees are illegals, so just asking for proof of ID (passport, check it is in date) and NI will see them out, other to that you can always work them out, make life difficult for them and they will soon seek employment elsewhere.
If you steer clear of TUPE then you will severly limit your options of further contracts

[johnny_h]

thank you for your replies . i have seen their contract and they have inserted that any of their staff can not be employed by the client for 12 months after the initial contract also that the client would re pay them if there was a redundancy due to transfer of undertakings and  the contract has been in force for only 8 months so the cleaner has not been on site a year yet but i will take advice from a solicitor again thank you all