[angela stone]

Hi,

One of my existing clients has 10 children's nurseries.  We do 3 and she has another company doing the rest.

She wants us to take over the other nurseries but says she is having issues with TUPE.

I've looked at the TUPE website and I get the impression that you only have to keep the existing staff if you take over the cleaning company not take over a contract they have lost.


Does anyone have any advice on this?

cheers

Ange

[trevor perry]

if you take over the contract then you also have to take over their staff, you have to offer same rate of pay and offer same terms of contract be aware you are also liable for any holiday with pay they are due when they tupe over, it can be a real minefield so be carefull and get some proffesional advice before taking over

[Ian101]

yup you have to take staff on but its a 2 way street as well ... theyhave to clean to your standards and operate the way you do ... u can still bin them if u needed to at a later date if theyre not up to scratch

[angela stone]

thanks guys, saves me advertising I suppose.#
Doesn't that make it complicated though if they do other sites still for the other company?  They'd have 2 employers then and have to pay BR tax on one of the jobs??

[Timmy Boy]

Hi Angela,
Not true with regard their tax, they simply ring up the tax office and ask to split their code. You will find some will transfer, some will try and dump you in it by saying they will transfer and then not turn up on the first night and some will want to stay with their current employer. It is a worrying time for cleaners when they hear that the company they work for has lost the contract so when you ask for the staff info from the incumbent supplier ask if they mind if you visit the cleaners to put their minds at rest. You also get a chance to see who you are getting!
Don't forget this is continuity of employment so if someone has worked there for 20 years previous, then this employment history continues with you. Also you will need to uphold all their existing pay and working conditions.
All the best
Tim