[The Great One]

Iam taking on more hours of a contract with the proviso I take the member of their staff that does those hours.

Problem is that this particular person is known for wasting time. They hasn't been managed properly but I'm hoping now they will be they will be more motivated.

Does TUPE apply here as a service contract, I obviously have to give her say a month to hopefully adapt to my management style that she now works for her pay check not just chat and walk around.

Thoughts?

[Denise l]

I think it depends if they were employed on a contract basis and have a signed one and have they been there for over a year. If the answer is no to both then Tupe doesn't apply.

[The Great One]

Thanks Denise 

[Terry A McDonald]

If the cleaner is an employee and not self employed, or temp (though there are some criteria whereby they could be considered under the Act) they will have the right to be covered by TUPE regulations. As far as Im aware there is no time limit to seeing how they perform during a transfer but would imagine a laid down, upfront and documented period (you mention a month) can be put in place.

You can, with written notice, inform them that there work will be changing by clearly differentiating the change in duties but this cant be something trivial like `you currently dry sweep a floor and in future you will mop said floor`!

Best advice in anything TUPE related is document everything and have them sign and date any agreements as they will stand you in good stead should it go to arbitration.

[Spursboy1972]

TUPE regulations changed and its now 2 years. However it is still la minefield. Ive dealt with a few of these over the last few years. The legal advice I was given was to go through the motions of interviewing them, present your intentions and give them the option. Then its close management and supervision. That way if you decide to get rid of them you look as though you've provided them with every opportunity.
Lastly check their holiday entitlement and how much they have taken as unused holiday goes with them under the terms of the transfer.

[Timmy Boy]

Hi Martin
If the 'role' still exists when you start the contract then you will need to transfer the person with full continuity of employment - same wages, holiday entitlement etc. It is seen in the eyes of a tribunal that if your new customer had a problem with the cleaner then they should have got the old company to have the person removed under SOSR (Some Other Substantial Reason). This will be open to your client when you take over but i would give her the chance, I find that the sites I have transferred people on, they have been treated badly, wages not always paid on time, never get stock etc. If you go in positive they will either tow the line or not show up on day 1!
Regards
Tim