Clean It Up
UK General Cleaning Forum => General Cleaning Forum => Topic started by: andyatkinson on March 30, 2009, 06:16:40 pm
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ever inherited an employee? come with the job? "please re train them to your standards or sack them etc" ive just had this and its a bit of a raw deal
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Have you inherited them via TUPE?
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Actually it can benefit your company and is an easy way to expand. I wish I had more dealings with TUPE.
Every person you take on generally requires training.
Also it is not always the cleaners fault to the sudden change of contractors sometimes it is due to the contractor him/herself.
Dave
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please excuse my ignorance, whats tupe?
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TUPE - Transfer of Undertakings Protection of Employment
Basiscly if you take over a contract that was originally held by another contractor, their employee(s) have the right to stay on when you take over.
Dave
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ok, thanks, ive taken on the guy who worked directly for the pub
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OK then you must have a copy of his previous employment contract.
Hours
Salary
Holiday etc - you have to fully adhere to his original contract and you cannot change with out permission/consent from him.
If you change anything that he would not benefit then he can take you to court. Best of luck!
If you sack him you will owe him redundancy for the time he has been with the original employer and yourselves.
Dave
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oh pants, thats not good. he is hugely incompitent hence why ive taken over, how could i get rid of him if i need to ? physically hes not up to the job as hes old and ill and is off at mo. weve not even signed an employment contract yet as hes done 2 days for me before he decided to go off ill, i was asking him about his working hours etc before i could write a contract. i feel ive got a problem now! he can only earn £48 a wk as is his wifes carer, but those 2/3 shifts a week he would do for me the work is so bad i have to be there to correct it hence my profit on those days dissapears, if i have to keep him i will have to be there too due to his negligence. he worked directly for the company before for 16 years so redundancy on what u say would cripple me. please help :'(
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please help me im gettin scared now!!!
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Andy,
Like an awful lot of people in this game it sounds as though you have jumped into the industry with little or no knowledge of your obligations as an employer.
Government legislation, health & Safety etc all need sorting before you take the massive step of employing anyone, yes I know, the tax man etc, will tell you that its not that difficult to take on staff, and it is not really, but keeping on top of all the required legislation really is difficult.
As the economy worsens, contractors will have to change their employee's terms and conditions, less hours, moving to different jobs and even letting people go, their staff will obviously not be at all happy with some of these neccesary changes. Those contractors who have employment documents, procedures that they have gathered off sites like this or the internet are quite likely to come a cropper when these staff threaten legal action.
Before starting this contract you should have recieved in writting details of his terms and conditions so you had an idea of your obligations.
The above is meant, not to put you down, but merely to inform.
I am out of the office all day wednesday, but if you would like some help, feel free to call me Thursday afternoon, and I will try to help.
Regards,
Rob
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Hi Andy,
Well I must say you have had an extremely nice offer from Robert Parry. I can tell you with all honesty from his previous posts I would most certainly take him up on his offer. He is knowledgable. And most importantly he comes accross plain and clear.
Andy,
It might help if you do not have a HR department to maybe join the Chambers of Commerce. They have a very good HR support and can guide you. They actually have employment lawyers. You have to pay for the service.
I found years ago we had joined the FSB Federation of Small Businesses and they were awful.
You will need to document everything with this employee and show that you are and have tried to train him to an exceptable standard before even starting the process of redundancy or sacking him. This in itself is a lengthly process. But before you even do this you will need his original contract of employment and you will need to follow his original existing contract!
Dave