[seandyer2003]

I know this has been done been readin through old posts for over an hour...

My question is, when i go into the premises today to quote, how do i know if the old cleaners want to stay on? what if the management object??
Is there any circumstance under which i dont need to take them on???

[Office Cleaning Company]

You need to consult with the current employees to see if they wish to stay on, and you must take them on if they wish under thier current employment terms or better.

You need to get proper professional advice on this, otherwise it can cost you significant amounts if you get it wrong.

[johnny_h]

if your going to do the cleaning yourself you can lay them off for economical reasons also if they havnt been at the contract for a year there is no TUPE

[Chris B]

Basically what you are doing is stepping in to the previous contractors shoes, you then take on whatever is in there contract that was supplied by the outgoing contractor.

As the new employer you will be required to take on the employees on their existing terms and conditions of employment, you will then be prohibited from making any changes to the terms and conditions of employment of the transferred employees.

Also if you lay off any staff (you want to do the job yourself or reduce the workforce) they could be liable to a redundancy package..........from you!

As said...get professional advice!

[Pristine Clean]

if your going to do the cleaning yourself you can lay them off for economical reasons also if they havnt been at the contract for a year there is no TUPE

The above, actually this is incorrect! Sorry!

Tupe applies no matter how long staff have been employed at that site. It could be that they have only been there for 3 days it still applies.

You cant change their employment contract unless its better for them i.e more holiday.

you can change the shift pattern and days to be worked to suit your company but not the actual amount of hours.

Yes you can make them redundant but you have to prove that you are doing the work or have enough staff in place. ETO Reason but they may ask you to prove it so be ready! That is a court may ask you to prove it.

Dave