[dg-cleaning]

Xxx

[J. Deans]

Drop it like a hot rock!

It sounds like he is poaching your girl. Unless you have a clause in your employee contract preventing her from working for your client, you don't have a leg to stand on.

He is obviously under pressure from running late on completion and will likely resort to any means to save a few bob.

Continue as you are until 21st December and then walk away and forget it!

IMO

[cml]

It would appear that you may have taken on this employee just to service this contract that runs out in December.  So long as you have given her adequate notice informing her that her contract will be coming to an end as per your agreement you are covered.  Should she wish to do the work thereafter this would be at her own risk.

I would think just to save a few bucks your clients would be entirely stupid if he takes on your worker without insurance.  Nonetheless you are right he may end up paying more money to get someone else even if they are charging slightly less.  The administration cost in sourcing the right company would be his loss.

Unless he has a change of heart, stay clear.

[J. Deans]

The client has requested for the same staff member to cover this work.

That is what made me think he was going to poach.

I agree with cml. Let the contract run it's course. You never know, he may try to find another cleaning firm and come crawling back, cap in hand.
But in the meantime, tell your girl - in writing - that there will be no more work for her when this contract ends. The only problem you may have is that she may leave you sooner!
Yes, you calculate her holidays up to the 21st December and she should take them before that date if possible. If not, you pay her for them with her severence pay.

[Bertie Boo]

hi dg

i've read eveything really carefully, but i'm a bit unclear still as to what the actual 'dilema' is.....you say that if the contract ends on the 21st (as planned) then that suites you, and were this the case then you'd be releasing the cleaning personelle too, is that correct? If so then why can this not happen -regardless of whether the client wants another 6 weeks work or not? After that what your client does and the cleaning personelle does is up to them.....unless you were planning on keeping this cleaner for another job???

Stephen

[cml]

Terminating her contract in December then commencing a new contract a few weeks later could be seen as continuous employment which would warrant you paying that holiday pay.  However this could be implied as it is without yours, your client and your employee knowledge that the client does want her to continue works up until and after this break  period.  In addition it's seems clear that she only wants to service this contract and no other and places a reliances on these works continuing.  The phase 'possibly longer if required by client' offers no guarantees but is subject to construction of terms in your agreement.

I would agree, your clients has obviously thought carefully about what they are doing.  If this is the way they operate 'trust' is a big issue to consider when or if engaging in further works.  A thorough contract would need to be considered before any further commencement of works.

You are right. Don't let them dictate how you should run your business.

[Bertie Boo]

Hi DG

I see what you mean now, it's not so much a 'dilema' as a request for opinions as to whether or not you are doing the right thing.

Well, the point is you gave the cleaner a 6 month contract with the possibility that it MIGHT go over that period of time. But if the client does not agree to the terms of your new contract and as such you decide to finish up on the 21st (which is what you have said is your prefered choice), then there is not problem (is there?) in telling your cleaner that the contract has not been extended....the fact that she knows that the client WILL need a cleaner for a short while in the new year is neither here nor there.

The fact is YOU are her employer and its is YOU who will not be extending HER contract. If she doesnt like this then so what? She's not gonna be with you for much longer anyway, and if she was then we wouldnt be having this discussion as you'd already have work lined up for her. If she is that bothered then let her work it out for herself with the client (which i know you've already said is not what the client wants, but its his problem not yours). What was she planning on doing after the 21st anyway?

The client has probably only told her that he is needing cleaning in the new year in the hope that she (the cleaner) might tug at your heart strings, but you've already said it's not cost-effective to continue.

DG, you're gonna think me so rude and i dont mean to be, i'm just telling it how i see it from what you've written - none of this is realy your problem. You agreed to clean somewhere until the 21st December and you agreed to give someone the work until this date. In real terms NOTHING has changed. Don't let other people make you feel that this is your problem. Unless you can expect some mega repeat-work from your client, I wouldn't even be thinking about this 'dilema' of yours.

I wish you (as always) the very best, girl!

Stephen

[stains-away]

[quoteWhat was she planning on doing after the 21st anyway?
]

Celebrating crimbo by looking on the job centre website perhaps.............