[lisamint]

Hi i have recently won a contract for some local offices , but have been told the existing contractors are on a 12 month rolling contract with a 90 day notice period and the aniversary of the terms and conditions are on may 5th. The existing company are telling the employers that therefore they are contracted to stay until may 2008.
As to my knowledge there has been no reviews done and were taken on 10 years ago. The employers are not happy with the standard of work or the reliability of the cleaner and have often complained to the cleaning company.
Is there a way out of this, surely the 90 day notice period should comply either way.
Your views would be gratefully recieved.
regards Lisa

[GeoffDerby]

Hi Lisa,

I use a rolling contract and it works well for me, any contract will have 2 methods of termination, cause and convenience. I would assume the 90 day notice period will be for convenience, typically if the customer is not happy he will have to serve notice on the existing contractor to improve and maintain the service or lose the contract typically I would expect the improvement to occur within 7 days and the termination notice to be 30 days. If the customer has complained and these complaints are in writing termiation for cause will be streight forward.

It is difficult to advise but the rolling 12 month term may refer to changes in price. The best advise is to speak to the client and ask him what you need to do to motivate him to change contractor, just remember your commitments under TUPE especially if the current employees have been in place for long periods.
Good luck, Geoff