[johnny_h]

hi guys ive been asked back to quote on an office clean as the cleaning company has been given 30 days notice to quit because their cleaner left a ground floor window wide open over the weekend so it was a breach of security they have admitted it was their fault though the cleaner denies it was him/her and  there is no way they want that cleaner back on site again but what if he/she wants to stay? and i get the contract will tupe apply? any advice welcome

[newbroom]

Tupe will apply unless you can show a operational or financial reason you would be unable to offer this person continued employment.

I suspect there is more to this than meets the eye. If the window was left open just this once, normally the person would be reprimanded seems a bit strong to give the other cleaning company 30 days notice. I would check out whether there have been ongoing issues with service provided.

[BDCS]

What happens if you take on the contract and you leave a window open or something similar - you get 30 days and they go onto the next firm

[Pristine Clean]

What happens if you take on the contract and you leave a window open or something similar - you get 30 days and they go onto the next firm

Very Good point.

We get around this. In our contract we clearly state that windows, locks, doors, firedoors are the responsibility of the client.

We will only set the alrm if there is one. And lock the main door that we use.

It is there responsibility to assure that all security is done with there staff leaving windows open are fully shut when they leave.

We have this to save disputes, and it saves us time checking every window and door.


I would suspect, that the cleaner did not leave it open. And it was a member of clients staff. Lets face it, cleaners want to get in and out as soon as possible on key jobs.

I feel sorry for the cleaner.

Depending on the cleaners, providing they have not sacked them then yes Tupe will apply providing it is the same member of staff. Also it depends if that member of staff worked on other sites more frequent than that site in particular. Also the cleaner may not want to transfer over.

 
Its not down to the client.

Dave

[richywilts]

what is tupe i keep hearing about it but have no idea what it is!!!!!!

[Pristine Clean]

what is tupe i keep hearing about it but have no idea what it is!!!!!!

TUPE transfer of Undertakings Protection of Employment.

Basically, if you bid for a contract or any work except courier work(Not in all cases) the previous employees have to be kept on by YOU.  As though it has been continuous employment.

So lets say you have won a contract, there are 3 cleaners on site. You now have 3 extra staff. If they go sick you have to pay their sick pay. Also their existing employment contract gets transfered over to you and you cannot change it without a bit of hassle.

So thats it but  very basic version. Lots of grey areas.

[Gilbert Sprous]

I would check to see if that cleaner wants to transfer on not, that would be the easier way out.  TUPE states that you can not change an employees Terms and Conditions that is a direct result of the transfer.  If the current company has started the displinary process then you have a little ground to manuever on.  Another option is what is called 3rd party pressure.  I recently used this to dismiss an employee.  I had documented proof that if I did not release the guy that I would lose the contract, I called him in for a performance review, released him and paid him his notice period in lieu, job done.  If the current company does not deal with issues, then it gives a great opportunity for those who will deal with them.  One thing I would say, when dealing with TUPE, seek guidance from a professional that will stand behind you in tribunal. 

Gilbert