[johnny_h]

i have got a contract starting on the 26th the cleaner who is there has been employed since 19th may this year i am going to make him redundant once i take the contract over now do i inform him before that date of my intentions ? and has anyone got a copy of such a letter? i am doing the work myself so hes being laid off as there is not enough work for both of us thanks in advance

[safehands]

i was told that if it is yor business and you are doing the work yourself then everything is ok for you to go ahead.
why are they getting rid of him ??

[CATMAN]

I  don't think you can make him redundant.

The job needs to be redundant not the person.

If you do it he can claim wrongul dismissal, claiming 13 weeks pay plus if he is not kept informed a minimum of £500 will be awarded by a tribunal. This is all under TUPE.

You need to tell the person you are are buying it off to let the cleaner go and he should pay any compensation due. If he won't walk away as you'll end up out of pocket.

search under TUPE on the net.

Regards

Graham

[Mani]

       
    Hi,there! You can take the new contract without taking the previous staff but you have to give them a month notice.If they want to stay they can sign a new contract with new conditions and a probation period of 3 months.If you are not pleased with them , you can can get rid of them till they finish their first year.After thatit' a bit harder.Hope it helps.
   
     Mani

[garyj]

There was a sensible and correct reply earlier from someone but it has been deleted!!!

Safehands- Your answer is in the question.

Catman- Wrong

Mani- Where do you get your information from

This cleaner has been at the site for about 15 weeks, the previous company has been booted out, on what grounds is he going to get compensation for wrongful dismissal?

[johnny_h]

hi guys i have taken legal advice i can make him redundant because i am going to do the work myself he hasnt been there a year yet it will be done for economic reasons . the company where he is doing the work now are not happy with the standard of his work simple as that and have asked that he doesnt continue all i need is a clue to how to inform him such as a simple letter

[Mani]

 
    Hi!
 
  I consulted an accountant.I personally don't advise anybody to take TUPE staff as it is too risky.You don't know them and if you take them as TUPE you have to keep them under the same conditions.THe best is to sign a new contract .
 
   Obviously this guy is still in his probation period and there is no problem to give him a notice.


   Mani

[garyj]

 
    Hi!
 
  I consulted an accountant.I personally don't advise anybody to take TUPE staff as it is too risky.You don't know them and if you take them as TUPE you have to keep them under the same conditions.THe best is to sign a new contract .


   Mani

Johnny, do not write to the cleaner, write to the company. Just say you are taking on the contract on such & such a date and the cleaner will not be required from that date as you have made your own arrangements, send it recorded and ask for a reply within 7 days. Keep a copy of the letter to show the cleaner if he turns up when you have taken over the contract.

Mani, you have given 2 different answers to the same question now , and accountants are not the best place to get advice on TUPE.