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adrian@abbey

  • Posts: 34
TUPE Regulations
« on: April 03, 2009, 05:37:01 pm »
Hi Everyone,

I'm about to start a new contract at the beginning of May to take over from another cleaning contractor.

The client has increased the cleaning hours but have only changed contractors because they were unhappy with the previous contractors work.

Now, the previous contractors are saying under TUPE regulations, we must take on the existing staff who weren't doing a good job in the first place.

We haven't bought the contract, we've just quoted for the job in hand.

Can anyone shed any light on this? Are the previous contractors trying to palm off their redundancy obligations or am I obliged to take these staff on?

Many thanks.

Chris B

  • Posts: 168
Re: TUPE Regulations
« Reply #1 on: April 03, 2009, 10:19:50 pm »
Unfortunately you take on there contract, that's what TUPE is, so whatever is written down is what you undertake (including any redundancy packages), ive said this before as ive known someone who got stung badly,  GET ADVISE, everyone will stick there peneth in, but its really best to get professional advice in these matters...ACAS are a good start.

Chris

chloejayne

Re: TUPE Regulations
« Reply #2 on: April 04, 2009, 05:39:01 am »
They might just need training, Keep an eye on them for a while if still no good start the ball rolling and sack them  :)

Gilbert Sprous

  • Posts: 213
Re: TUPE Regulations
« Reply #3 on: April 04, 2009, 09:58:33 am »
TUPE has some to do with how long the current cleaners have been cleaning at the site.  If any have been there less than a year you do have some lee way.  Check it out.  Get the TUPE information from the previous contract and get some advice.  Be careful but there are ways to rectify problems.

martin19842

  • Posts: 1945
Re: TUPE Regulations
« Reply #4 on: April 05, 2009, 04:23:16 pm »
hi there

there are a number of reasons why clients change suppliers, they include service and price.
when a clients decides to change their cleaners for services, they do on too many occasions expect a new cleaner to turn up and do the work.

ideally when you win a new contract you should point out to the client that TUPE is in place, there are many companies that wont bother with TUPE , their cleaner leaves and so be it

but on most occassions you should ask your client for the TUPE information you then know exactly what you are dealing with and the implications of it.

you need to know the hours they work, length of service, holiday entitlement, holiday taken to date in the current year. also any disciplinary actions to date.

all you can then do is to train the operatives to your way of delivering the service, if they fail to deliver the standard, then you deal with it through your discipline procedures.



good luck

regards

martin