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Pristine Clean

  • Posts: 1149
New Cleaning Contract Won
« on: February 05, 2010, 09:31:08 am »
Hi guys,

ok we have won a new contract. We have it in writting.  ;D We have not confirmed a date as yet. Thats to be arranged.

However things are not always as easy as they seem.

We were lucky to visit the site. Inspect the condition of the buildings. We have a great relationship with the customer as well. 

They explained the difficulties they were having.

So we worked a way round it so we could work along side the cleaners and see how they work, what they get up to and what they dont do.... etc.

Yes a bit sneaky we know.

We also got to veiw all of the employment contracts so no hidden supprises.

They had and still have no idea yet that we are taking over. The cleaners are employed direct by the client so no contractor. Yes we know TUPE applies.

So the things we found out before hand.

they have around 4 hours each cleaning. 6 cleaning staff.

Their standard of cleaning is not that desirable to say the least. - we need to raise the standards alot.

They have a tea break after 30 minutes of chat.. and not actually working. So thats about an hour lost already for each cleaners. thats 6 hours a day lost. ::) :o

Then there are a few older cleaners there, not that I am age discriminating here. They say the bin bags are too heavy to lift.

The big biffa bin lid is too heavy to lift.

So I was wondering how you guys would get round this.

How would you raise the standard of cleaning?

How would you deal with disiplinary here as TUPE is tricky? So many grey areas! ::)

How would you deal with the taking of rubbish bags out and lifting the biffa bin lid?

Yes we do have an outsourced HR which we are in contact with but I would be intersted to hear your veiws on how you would deal with it. Legally of course.

Also if Rob and or Nick is reading this I would really like your advice on this....

Dave




 
"You have to except that some days you are the statue and other days you are a pigeon"

gordonswindows

  • Posts: 563
Re: New Cleaning Contract Won
« Reply #1 on: February 05, 2010, 12:42:55 pm »
Hi Dave

You are describing what is "normal" for a contract about to be transfered

If the staff were well motivated employees who took a pride in their work you would not be asked to take on the work

This is not a "new" contract this is a headache that someone else has caused and now wishes to wash their hands of by throwing money at it

Questions to ask

How long is the contract

what if any wage agreements are in place

what are the present terms and conditions both in writing from employer and in practice from staff themselves

Is there any union involved

is there a collective bargaining agreement

what are you expected to provide in way of equipment materials paper goods washroom services

You mention an outsourced HR how experienced are they ie are they cheap? are they prepared to accept responsibility or are they purely supplying advice

Do you understand fully due dilligence

These are the important questions to consider long before you get down to the nuts and bolts of bin opening, shift patterns etc

Good luck

Gordon



Don't Give Up
@askforthemoney

Pristine Clean

  • Posts: 1149
Re: New Cleaning Contract Won
« Reply #2 on: February 05, 2010, 01:04:31 pm »
Hi Dave

You are describing what is "normal" for a contract about to be transfered

If the staff were well motivated employees who took a pride in their work you would not be asked to take on the work

This is not a "new" contract this is a headache that someone else has caused and now wishes to wash their hands of by throwing money at it

Questions to ask

How long is the contract
3 year minimum term on this

what if any wage agreements are in place
between - £6.00 - £6.70ph - its on the employment contracts
No hidden verbal agreements.

what are the present terms and conditions both in writing from employer and in practice from staff themselves
We have the employment contracts in hand
 :o 5 weeks holiday pay!!!

Is there any union involved
No

is there a collective bargaining agreement

No


what are you expected to provide in way of equipment materials paper goods washroom services
Washroom - normal stuff like toilet rolls, paper towels.

Equipment - floor buffers, vacuums, - standard cleaning cleaning equipment.

You mention an outsourced HR how experienced are they ie are they cheap? are they prepared to accept responsibility or are they purely supplying advice

Very experienced - they guide you every step of the way - from letters - putting procedures in place. Even meet with the staff. - its costly!!!! They pay all legal fees if it goes to court. We do not pay a penny. Er... well we do to them like I said costly.

Do you understand fully due dilligence
- we know reasonable care must be taken here.

These are the important questions to consider long before you get down to the nuts and bolts of bin opening, shift patterns etc

Good luck

Gordon

We are also, well our HR are working on it about redundancy pay. We may take on the contract under certain conditions like they have to re-employ the staff if either :

1. We quit
2. They take it back in house
3. Another contractor gets the work later on.




"You have to except that some days you are the statue and other days you are a pigeon"

gordonswindows

  • Posts: 563
Re: New Cleaning Contract Won
« Reply #3 on: February 05, 2010, 01:17:33 pm »
Dave

the last point you make is a good one

but do you think they will take the redundancy problem back or re -TUPE? I don't think they will as that is what they are paying for ...they want to pass the monkey to you

And then you will have to find someone else to TUPE the contract over too

Your client at the end of contract lets you walk off with his old workshy(bags are too heavy) staff and their terms and contracts leaving him to re-employ fresh and clear

I hate learning hard lessons and hope you won't have too

Gordon
ps if the money is really good go for it
Don't Give Up
@askforthemoney

Nick Head

  • Posts: 75
Re: New Cleaning Contract Won
« Reply #4 on: February 05, 2010, 07:28:43 pm »

Dave

This is quite a list of questions, but my initial thoughts are;

Re "Motivating Staff" - My approach would be balancing "Capability" v "Reasonable Adjustment" and then testing the reasonableness. If the job demands a certain level of manual handling then it is reasonable to expect that all staff employed on a contract should be able to undertake this task (this is Capability). However, on the other hand is it reasonable to expect older female members of staff to lift heavy objects (this is reasonable adjustment). It is difficult to find the right balance but perhaps a solution could be either get them not to over fill the bags or provide a trolley? Also explore if there is anything you can do re the Biffa Bin lid making it easier to open etc...

Re Breaks - I think all employee have the right to 20 minute break for every six hours they work. Workers that are under 18 are entitled to more and can take 30 minutes for every four and a half hours that they work. So you have stop the breaks in theory. However, what, if anything, do the existing T&C say about breaks, TUPE could have a bearing!

Re Discipinary etc... It depends on the existing T&Cs but do not let TUPE be a barrier to doing the right thing - Clearing up uncertainity is a legitimate reason to vary/add to the contract of employment.

Re Raising the Standards - You need to agree the specification - Output based if possible. Ensure your new staff have the right training, right equipment and materials. Make it clear day one what you expect of your staff. Carry out Quality Audits at least once a month (suggest weekly to start with if practical), feed back to your staff both the things they are doing wrong and the aspects you are happy with. Keep talking to your customer - it is their opinion that counts!

From experience taking over a in house cleaning provision is harder than from a another contractor - good communication with the existing staff is essential. Explain what TUPE transfers mean (ie it is not a  redundancy situation). Do not expect a warm reception!

Finally, this is just my views while I went for my train back home. Naturally, speak to your HR advisors to check out the situation.

If you want call me (email me for my number) and happy to have a chat tomorrow

Nick








Nicholas Head
Cleaning Intelligence

Pristine Clean

  • Posts: 1149
Re: New Cleaning Contract Won
« Reply #5 on: February 05, 2010, 08:27:21 pm »
Nick

Thanks for the detailed reply.

A chat would would be great
. But are you sure its the weekend tomorrow and I dont want to take up your family time

Dave
"You have to except that some days you are the statue and other days you are a pigeon"

Nick Head

  • Posts: 75
Re: New Cleaning Contract Won
« Reply #6 on: February 05, 2010, 08:39:27 pm »

Dave

Not a problem - I will be free after 11am tommorrow

Nick
Nicholas Head
Cleaning Intelligence

Pristine Clean

  • Posts: 1149
Re: New Cleaning Contract Won
« Reply #7 on: February 05, 2010, 08:54:10 pm »
ok

I will email you,

Cheers


Dave
"You have to except that some days you are the statue and other days you are a pigeon"

Robert Parry

  • Posts: 535
Re: New Cleaning Contract Won
« Reply #8 on: February 06, 2010, 02:30:29 pm »
Hi Dave,

Congrats on the new contract!

Agree with most of the views expressed in the thread so far, if you know what you are doing, and take the proper advice there are indeed ways to achieve what both you and your client want.

Nicks first point about motivation, I do disagree with ;D

Motivation has nothing to do with capability, which is a seperate issue, and Nicks advice on capability is quite correct, however, you do still need to carry out any assessment correctly and lawfully.

Lots of contracts are lost due to poor management, and poorly supervised staff, in this sort of environment, it is not surprising that staff become less motivated.

There are, of course, many ways that you can attempt to correct this situation, most of which you should be well aware of.

Again Nicks advice regarding breaks and TUPE needs clarification.

Disciplinary procedures should be well documented as the cleaners are employed direct by your new client, so all should be pretty straight forward. However, make sure you gain access to the employee files to check any any past actions etc, you do not need something to crawl out of the woodwork at a later date and bite your A***!

Raising standards, As Nick suggests, it is vital that you and your client agree the specifications in detail, and indeed the standards that are required, not forgetting the monitoring of those standards. Because this contract was carried out in-house, you need to ensure that you have asked all the right questions, regarding, tasks, frequencies, quality standards etc, hopefully, before you submitted your price!

 If, by some chance, you have matched the current specification, are you sure that this specification actually meets the standard of cleaning that you client wants?

I am a little concerned that "So we worked a way round it so we could work along side the cleaners and see how they work, what they get up to and what they dont do.... etc.

Yes a bit sneaky we know."


I really cant think of a quicker way to alienate staff, here you are, won the contract, and even before you take over, you are going behind their backs, this is what they will think! How are you going to convince them, that you can be trusted or respected, or how can you respect them?

Change, frightens people within the workplace, they all know the state of the economy, they may already know exactly what is happening, most client's have very little respect for cleaning staff at the best of times, to your prospective employee's, you may have convinced them, that you feel exactly the same.

The present arrangements have not worked well, your client may lack the knowledge and management expertise to run the cleaning side of things, you, on the other hand are a professional, you had a golden opportunity to bring the existing staff with you on the new arrangements, I, believe, that there is a very real risk that you have now blown it.

Short answers to a couple of points that you raised:

Their standard of cleaning is not that desirable to say the least. - we need to raise the standards alot. - Have the cleaners had any documented training in Health and Safety or cleaning methods, do the cleaners have access to the correct chemicals and tools to do the job? If not, hope you budgeted for this within your quote. Also, if the staff have not had any training, your new client has broken the law, could speak volumes in its self.

They have a tea break after 30 minutes of chat.. and not actually working. So thats about an hour lost already for each cleaners. thats 6 hours a day lost.  - Poor supervison and management culture methinks, you need to get them to work their contracted hours every day without fail, this may take some doing!

Then there are a few older cleaners there, not that I am age discriminating here. They say the bin bags are too heavy to lift.

The big biffa bin lid is too heavy to lift.
- Capeability comes in here, as does changing work methods and procedures, not forgetting training in manual handling etc. There are ways around these problems.

I think Gordons point is a valid one, the present arrangements have failed, the client probably feels that by outscourcing the contract, that these problems will dissappear overnight, or if they dont, they can hold you responsible for the failings, maybe even leaving you in the lurch financially.

You need to ensure that your client uinderstands, that there are rules and regulations that have to be adhered too, and you have to follow correct procedures, this will take time and patience.

Follow your HR advisors advice to the letter!

You also need to ensure that you comply fully with all H & S legislation, including a written Health & Safety Policy as well as a H & S Policy document, again your HR advisors, would I feel, be best placed to advise you on this.

I am loathe, to offer specific advice/opinion on this one, as there are a number of concerns that have set off warning bells, however I hope that the above has given you some ideas on the questions that need answers from your advisors.

One, final point, because of the very real risk of you not recieving a warm welcome from your new staff members at this particular site, your most pressing problem will be the staff attitude to both your client and yourself, this needs addressing asap, and will, I feel, be an uphill struggle.

I would, after all the legalities have been sorted, meet with them all and explain the process of the transfer, assuming that they want to transfer. Tell them about yourself, your company, your present staff, your aims and ambitions etc.

Listen to their own concerns, try to re-assure them, that their fears are unfounded, suggest, that before the transfer takes place, that they put any questions or worries in writing and elect a single person to speak on thier behalf, dealing with one person is much easier than dealing with 5 or 6 people, and answer each question or point raised, again in writing, allow thier rep to go back to the group, and arrange a final pre takepover meeting to talk to them.

Use this final meeting, to find out what they like/dislike about the job, ask them for their ideas on making the job faster/easier/better etc, listen to them, make them feel part of YOUR team, make them feel good about themeselves and the vital work that they do. Build a relationship with them, based on mutual trust and respect.

Best of luck!

Regards,

Rob




A world of difference....

Nick Head

  • Posts: 75
Re: New Cleaning Contract Won
« Reply #9 on: February 06, 2010, 04:06:11 pm »

Rob makes some valid points although he totally misunderstood my point of balancing Capability v Reasonable Adjustment. It is a easy concept but if you want me to expand I will. Also, the reason why put Motivating Staff in inverted commas was because I also understand the difference - sorry to confuse you, Robert!

Re getting staff records it is not as easy as "looking at employee files" there are Data Protection issues here so the easest way to resolve Robert point of finding out these issues is to ask specific questions when getting the TUPE info.

Not I agree you have blown it just yet - as Robert suggests careful handling of staff transferring is necessary - you will have to sell why the change is a benefit rather than a drawback - something that is the cornerstone of good change management. This is not easy but is essential.

I glad that Robert seems to agree with most of what I have said - praise indeed!

Hope this clarifies

Nick

Nicholas Head
Cleaning Intelligence

Pristine Clean

  • Posts: 1149
Re: New Cleaning Contract Won
« Reply #10 on: February 06, 2010, 04:50:53 pm »
Guys

Thanks alot. I have been out most of they day today quoting on another large job. That was very tiring.

Yes I have read all the advice you have written down. I will print it off.

Thanks so much for taking the time to respond. It really is appreciated. ;)

I will handle it with care, I know it was a tricky ground to tread when we worked along side the cleaners. It did cross my mind. But we were covering work that was arranged much prior to the contract itself.

It only happened as we did some work they were so impressed, they took us to one side and asked if we would be intersted in taking the whole contract on.

There was also no point in telling them at that point as we may not have won the contract. I also wanted to see what I was letting myself in for. "yes a headache a long one"

Yes we have handled TUPE before but not on such a large scale as this. Generally just with 1 - 2 cleaners.

Also a few days just before we were informed we have been successful on a "Company Growth Loan" from our bank. I thought that was going to be hard. I went with my accountant and it went smoothly and they agreed there and then.

I have also pointed all this out to the client about my findings, with tea breaks, poor management and a whole lot more. They are also aware it will take time and patience.

We are also safe on the redundancies side as they have agreed in writting that if we are "dismissed" or another contractor comes in they will take the cleaners back in house. So thats a releif. have this in writting and checked by solicitors with the stamp of approval. - We under no circumstances have any presure to find redundancy monies.

It was stressed that we would not earn out of the contract and could damage our company with that amount if it had to be payed out.

The credit checks we ran on the company was in good order and turnover was only something I dream about...one day maybe... "I doubt it"

However if we leave, I can find other work for these guys that is only about 2- 3 miles away so its not detrimental to any change in circumstances.

So once again cheers.

Dave

"You have to except that some days you are the statue and other days you are a pigeon"