[safehands]

hi

i have been asked to start a new cleaning contract as the company were unhappy with their previous cleaner.

we started last week and my cleaner was aproached by the owner of the previous cleaning company saying that he was going to sue us.

where do i stand legally?

do i have to take on the old cleaner and how many hours do i have to give him/her if i do?

would really appreciate some help on this one .... thanks

paul.

[martin19842]

hi there

under tupe, you do have a responsibility for the outgoing cleaner.

when winning or quoting for new business, you should inform the client of tupe, and ask the current cleaning company for the tupe information, as you could well be operating at a loss if you quote without knowing what the current site cleaners are being paid.


tupe was extended to contracts as well, becuas in the past cleaing companies would loose a job and the cleaners the same, the protection is in place to stop this.

a good example would be, where for instance say the cleaning contract at a large airport changed from " Smiths cleaning company" to a new company "jones cleaning ltd" the only thing that would change would be the management, and company name, and the uniform, the staff on the ground would remain mostly unchanged.

its an irritation for small comtracts and small cleaning companies, but itdoes serve to help you, if you loose a contract, becuase if a client gives you notice to terminate, the first letter back to your client should be ONE shouting TUPE, asking for the new cleaning company details so that you can then write to them and provide the info.  SOMETIMES the client will remove their termination notice, but not often.

regards

martin

[safehands]

what is the best way to aproach the old cleaners with tupe then and what does tupe mean ?

thanks

paul

[turneylogan]

Transfer of Undertakings. Google it - loads of sites.

[safehands]

thank you

paul

[martin19842]

hi there

you have mail

regards


martin

[Cleaning Resource]

if you are just starting out and are planing to do the cleaning yourself as part of a full time round, you can make her redundant on the grounds that her part time job no longer exists. If you do this just be aware that you can not then make her part time job available again for a min of 6 months. Also if she has been employed over 2 years you will have to pay her redundancy..
 

[murky]

Seems there are a few people at home today. Ha!

I have just joined Federation of Small Businesses, cost about £160.00 for first year and less after that.

Loads of benefits, card machine, networking meetings, free legal advice etc. Mate of mine is a builder and has got loads of work and advice from it.

They have free legal advice.

One reason I joined was because of the Legal Advice, I have never got into trouble (yet) but one day.

Thing is loads of people give advice on here, freely it has to be said, but I think I will go with the professionals advice.

I am treating it as a kind or marketing tool and Insurance as well.

Murky

[Gerry Styles]

Why not just either manage her out our educate her in your way of cleaning. I found that when the customer did not want to keep the cleaners the root of the problem was that there was little or no supervision. If you want to retain work then the key is to have good cleaners with lots of management input, regular site visits, training etc........

If the cleaners are good then they will work with you. If not then they will walk.

[safehands]

thanks guys

murky ... what is the federation you joined

paul

[safehands]

hi gleam,

how sure are you of your fact about me doing it myself means i can get rid of her

paul

[murky]

FSB

Federation of Small Businesses. (Google it).

Just checked it cost me £130.00

Loads of benefits Insurance, Couriers, FREE banking with the Coop!!!!!!!!!
etc etc.

They also do lobbying government etc for small businesses. They are nonprofit making.

For us in the cleaning industry and all these nightmare stories about TUPE, Health and Safety it seems a no brainer not to belong to something like this.

That guy on here the other week owed £1,000 for a decorating job 120 miles away and cant get paid. Nightmare

The group I have joined network in a pub every month and exchange cards ask for work and advice from each other, if you cant up and make a speech (BNI take note) it doesnt matter.

Murky

[Cleaning Resource]

I only employ fulltime cleaners so I use this reason pretty much everytime I take on a contract with existing staff, I phone acas before I do anything, I would suggest you do the same. I also use pennisula legal services aswell.

 

[Cleaning Resource]

personally if she has been there for over 2 years I would go for gerrys approach.

[safehands]

i have not got a contract between me and the office as i work on reputation, if they are not happy then they can find a new cleaner so does that make a differance ?

thanks

paul

[Gerry Styles]

No. Your commitment to your customer is not contractual as far as employment law, however you are responsible as an employer to your employees both current and potential. Therefore it is always advisable to contact the former contractor and ask for TUPE information.

[martin19842]

hi there

if you are investing time, erfort and money in winningnew buisness, and dealing with tupe.,

i would be looking for a 12 month duration contract with your client, then rolling after that.

you need a  level of committment from them.

regards

martin

[safehands]

ok

thanks

paul