[Pristine Clean]

Ok, yes your thinking another TUPE related question... and your right!

This is the difficult bit... we have been awarded a contract.. there is an existing cleaner already there.. but the office that are having the cleaning want the days changed.

I am happy to take the cleaner on... but they are not..thats why they wanted the change in the first place.

Now where does that come in...? any one know? Its not me changing the days its the company that hires the cleaning contractor...!

If none of you know the answer do any of you know a good law firm that is not too expensive...

I know we can dismiss only for Economical reasons Technical - organisational but it proving it.. would an Economical reason be that we cannot afford to take on the cleaner...?

Any advice would be apprecited...


Dave

[Kevin White]

You can change her contract with you as long as you give the length of notice her current contract requires. For exampe if she has been "Tuped" across with 4 years service you would be required to give 4 weeks notice to either get rid or change details.

[Pristine Clean]

You can change her contract with you as long as you give the length of notice her current contract requires. For exampe if she has been "Tuped" across with 4 years service you would be required to give 4 weeks notice to either get rid or change details.

Thanks for the reply... I thought if they were TUPED over then I have to keep her existing cobtract in place and it cannot be altered.  I also presumed that you could not make redundancies unless it was for an ETO reason.

I am in the presence of seeking profession adice on this hopefully by the end of the week.

TUPE is a mine feild.. but you could be right... hope you are makes things alsot easier if you are.


Dave

[Spiceman]

Dave,
You are spot on, TUPE is a minefield.
Let us know how you get on.
John

[Pristine Clean]

I will do John...

[Pristine Clean]

UPDATE!!!!!!!!

OK so we went to seek legal Profeesional Advice. We now have and HR team to deal with these issues. Out sourced of course!

OK each situation is different! So if it happens to you, you must seek legal advice just to be sure.

If you take on a contract with existing staff, and you have a workforce in place you can make those staff that are included in the transfer redundant! You must follow all reduncy policys.

If you take on existing staff you can change the days worked and hours but not pay, you cannot increase or decrease the hours, but you can move the hours to suit your requirements.

Give plenty of notice in writting to cover yourselves and explain it clearly in the letters.


Hope this helps others... but again seek legal advice like we did! Yes it will cost you money... but wont cost you as much as a tribunal...



Dave