[Steve]

  ???Just put in a commercial bid to clean a working man's club. They asked me becauce they were not happy with the existing cleaners.  However they were happy with my quotation but wrote back to me saying that if I took on the contract that I had a legal requirement to keep on the present cleaners.  I don't wont to keep them if they are crap.  Just wondered if anyone else has come up on this problem before?  Surley since they are working for another cleaning company, and are not employed direct by the club I would be within my rights to hire my own people? 

[CMS]

Sorry, there is a legal requirement to keep cleaners in some cases.

TUPE  - TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT) REGULATIONS 1981  legislation may apply but it depends on a number of things including their length of service.

Take a look here...................

http://www.dti.gov.uk/er/tupe/consult.htm

Having said that, even if they were required to transfer it is fairly easy to 'manage' them out of the door if they're no good.

Probably the biggest worry for you is the costings. If they are required to stay, they must stay on the same terms and conditions including rate of pay and length of service.

If you have costed it at a lower pay rate than they are on now you could lose out.

[garyj]

TUPE is the most stupid law going, we come across it often.
The bottom line is if the cleaners were any good they wouldn't be looking for a new contactor in the first place, I feel as if I spend  half my time 'helping' useless cleaners out the door.

[martin19842]

hi there,

TUPE doesnt just relate to the cleaning industry, it relates to all industry, and if i remember correctly, cleaning contracts were only added at a later stage.

at the end of the day we are all running businesses, TUPE is just another part of running yout business.

TUPE is about managing your business and your staff, and running your business in a professional manner.

regards

martin

[CMS]

It works both ways. I've taken on what have been described as 'awful' cleaners only to find them turn out great with the right support, equipment and supervision.

[Simon H]

I tend to agree with CMS we have won  many contracts with existing staff

Most of the time because the client was unhappy with the existing service.

In the majority of cases the existing staff have turned out ok with the correct   

              Training
              Support
              Supervision
              Management
              Eqpt & materials

Regards

Simon

[dustycorner]

When you get the contract arrange an initial meeting with the existing staff, hopefully  they will have the savvy to realise why the client has changed contractor.

I would try to find out the following

Are all or some them not working to the required standard
Are they demoralised hence delivering poor standards
Have they been starved of materials, support etc to carry out their duties.

I wouldn;t go in with preconceptions to the staffs ability.

Cheers Mark

[D woods]

Have a look at Jan copy of Cleaning and Maintenance page 3

[*Chris Browne]

I have just taken on a contract where the cleaners were described as useless and crap, Having come accross the tupe law(and it is law dont try to mess with it i have known companies get burned) the idea was as described to slowly show them the door, all be it over a lengh of time, having now worked with these cleaners and shown them the correct way around things, the clients are over the moon and think the sun shines out of there backsides!, yet a few months ago they were calling for blood, the thing is to try first and work with what youve got.....you never know.
But be carefull with tupe, thats my advice.

chris

www.scsf.co.uk