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johnny_h

  • Posts: 689
sorry but tupe question no2
« on: March 31, 2008, 09:38:22 pm »
if i take over a contract and the cleaner only wants to work his 3 hours a day but i have extra hours and different work for him to do such as window cleaning on the same site would his job become redundant and would i be liable to redundancy payments?
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garyj

Re: sorry but tupe question no2
« Reply #1 on: March 31, 2008, 10:00:50 pm »
You have to keep the conditions as they are.

Stupid law as most contracts are lost because of the cleaners, then they are the ones that get to keep there jobs!!

ZampaWall

  • Posts: 16
Re: sorry but tupe question no2
« Reply #2 on: April 01, 2008, 04:54:03 pm »
As the previuos message says, thier terms and conditions have to remain the same. You can make alterations through consultation with the cleaner, but the cleaner has to agree.
It is not unreasonable to expect the cleaner to clean windows, providing you are not expecting him/her to to carry out the task outside of his/her normal hours or  to climb a ladder or steps (as this would be considered a more specialist task, the cleaning of glass can and often does come under the duties of a cleaning operative).
You can change the specifics of the duties, the title of cleaner covers a wide variety of duties and as long as the task fits within the framework of the job title then you are not being unreasonable.
TUPE law can be a stupid law for reasons previously stated.
But then it is up to you to bring the cleaner into line and raise their standards, through consultation/training etc. if they will not raise their standards then you take them down the disciplinary route and eventually dispose of them if need be, as you would do with any other employee.

johnny_h

  • Posts: 689
Re: sorry but tupe question no2
« Reply #3 on: April 01, 2008, 06:21:43 pm »
thanks again so if this cleaner works 3 hours at 3 different locations =9 hours a day do i then have to pay them for the 9 hours even though i have only have 3 hours work for them? this seems more trouble than its worth
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ZampaWall

  • Posts: 16
Re: sorry but tupe question no2
« Reply #4 on: April 01, 2008, 09:40:36 pm »
If you are only taking the one site over then your only concern is the one site, and the employees working within that site.
If the cleaner works at other sites and you are not taking those over, then the hours worked at them is not your concern, the cleaner will remain in the employ of the other company for the other sites, and your emloyment for the contract you are taking over.
Hope that makes sense to you.

johnny_h

  • Posts: 689
Re: sorry but tupe question no2
« Reply #5 on: April 02, 2008, 06:42:16 pm »
yes thank  :)
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