[sezzle72]

ok, I have been asked to take over an office cleaning contract where the one member of staff is covered by tupe. It's only 5 hours a week and I would normally walk away as it's not worth the effort, but it's for my sister and the office is in a right mess, it's absolutely filthy!
two questions!
1, Is she entitled to request a copy of the employee's contract.
2, are there any circumstances where she can terminate the contract (with/without notice) along with the member of staff as they are doing such an appalling job.
I have done some research on tupe so i understand what it's about, but I can not find the answers to these two questions.
Any help would be gratefully received!!
Thanks in advance
Sarah

[Nicholas Head]

Hi Sarah

There is no quick and easy answer to this as I am sure you have established TUPE is not straightforward.

Your sister if terminating the contract will need various pieces of information surrounding the incumbent cleaner's employment T&C  in order for an incoming contractor to quote and for a TUPE transfer to take place. This could include requesting to see the cleaner contract of employment. However, the contractor may not agree to share this, but worth asking. It is worth noting though that a written contract of employment may not negate the TUPE obligations.

Whilst, you can probably terminate the contract with the current contractor (depending on the contract between them and your sister) on the grounds of poor performance. However, as there is no direct legal relationship between your sister and the cleaner, it would forward she cannot terminate the cleaners contract.

If the transfer did take place and if it was subject to TUPE, which on a 5 hour per week contract is not necessarily a given, there are lots of things you can do to resolve the cleaning quality and if necessary to terminate the cleaners employment, just need to follow the . If you need further advice please email me direct.

Hope this helps

Nick

[Nicholas Head]

Hi Sarah

There is no quick and easy answer to this as I am sure you have established TUPE is not straightforward.

Your sister if terminating the contract will need various pieces of information surrounding the incumbent cleaner's employment T&C  in order for an incoming contractor to quote and for a TUPE transfer to take place. This could include requesting to see the cleaner contract of employment. However, the contractor may not agree to share this, but worth asking. It is worth noting though, that a written contract of employment may not negate the TUPE obligations.

Whilst, you can probably terminate the contract with the current contractor (depending on the contract between them and your sister) on the grounds of poor performance. However, as there is no direct legal relationship between your sister and the cleaner, it would follow she cannot terminate the cleaner's contract.

If the transfer did take place and if it was subject to TUPE, which on a 5 hour per week contract is not necessarily a given, there are lots of things you can do to resolve the cleaning quality and if necessary to terminate the cleaners employment, just need to follow the right steps. If you need further advice please email me direct.

Hope this helps

Nick

[cml]

Your sister needs to tread carefully.  Should she go down the competency route she needs to keep records of her attempts to improve the situation and that her decisions were based on ones lack of ability to carryout tasks set.  It cannot be base on the fact that she just wants to give you a job.  There is a lot she could do as suggested above to bring quality standards up with various checks and balances.

Just a small point but a useful one.  If the cleaner is employed you sister could ask the outgoing company whether this cleaner works solely at this site or does she cover any other offices, sites or jobs for them.  You may find that they company may want to keep her on because she covers jobs for them. 

Keep us updated.  I hope this helps   

[B Bailey]

What you might also find is that the existing company will not provide the cleaners contract because they could be paying her cash in hand, in which case tupe does not come into play.