hI CLEANING LAB,
I have the same problem, Its TUPE transfer of Undertaking Protection of Employment.
We have done it a few times. Each situation is different. And yes legal advice would be 100% great advice.
Best thing is to do is cover yourself. write to the company and get the cleaners to sign to say they want to transfer over. They can opt out on there own but very unlikley. Unless the cleaning company moves them to another site. That way you wont need to take them on. But get it in writting from the cleaners not the company.
If the cleaner transfer to you, you cannot change there contract. dispite what people say. The only time you can change a contract is
1. the cleaners are in agreement.. this is very difficult. and they could say they were presurised by you. You can change contract only if it benefits the cleaner..ie more holiday better pay.
2. You can change the days and hours worked though... to suit your company. What you cannot change is the amount of hours to more or less.
3. You must give reasonable notice. 6 - 8 weeks in writting.
4. PROMOTION yes you can promote them to say supervisor. Thats a change in position and role. That way you can change their contract.
5. You can make them redundant but you have t go through all the correct procedures. But you have to prove you have existing staff to carry out the work. or you are doing the work. People say you cannot make them redundant.. as the position has to be redundant and not the person.. no not any more! you can make them redundant! But you have to pay all the reduncy etc entitlement.
6. Follow there original contract of employment policy and sack them... yes you can do this but prove it... record it! Have meeting record it. Get them to sign. If they have been with the original company less the one year go throu the procedure and sack them! It can be done.
We have a HR team now... out sourced and yes its expensive but at least we stay within the law.. every law has a loop hole and if worked correctly you can use each law to your advantage its just a matter of recording it, and time.
Anyways STILL SEEK LEGAL ADVICE AS each position is different.
Dave
