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UK General Cleaning Forum => General Cleaning Forum => Topic started by: Jenny1 on September 07, 2010, 01:26:08 pm

Title: Contracts for commercial employees
Post by: Jenny1 on September 07, 2010, 01:26:08 pm

Hi,

I'm compiling statements of employment for a couple of commercial employees.  They're doing commercial work and I have an annual contract with the client.

I was wondering if I should write into the statement of employment that this is a 12 month fixed term contract?  I'm thinking that the client may not want to renew their contract with me in a years time.

Thanks.

Title: Re: Contracts for commercial employees
Post by: Pristine Clean on September 07, 2010, 07:17:57 pm

Why wont they renew? Are you rubbish?  ::)

If you are charging a reasonable amount and delivering an A1 service they will renew... No questions asked.

However if you are rubbish, and over charging then they may go to an alternative contractor. If they do your existing employee is protected under TUPE and will transfer over to the other contractor. Providing they have passed their trial period.

regards

Dave

Title: Re: Contracts for commercial employees
Post by: pristineclean on September 13, 2010, 01:28:31 pm

I wouldn't worry about it too much to be honest. Even if TUPE, for any reason at all, doesn't come into operation, the effect of your losing the contract would be that the positions become redundant and the employees are dismissed. Redundancy payment qualification, as I'm sure you know, doesn't come into operation until after two years.

'Rolling' fixed term contracts are generally treated as continuous contracts of employment by tribunals who reason, usually correctly, that some employers use a fixed term contract to prevent workers gaining the protection of employee status.