[Kingfisher-CCS]

Hi guys,
I'm getting a head ache now after 3 hours reading about TUPE regulations.

I've just read that if the employee has less than 12 months continuous service he/she cannot make a complaint related to unfair dismissal under TUPE.

I read it on the DTI website [url]http://www.dti.gov.uk/files/file20761.pdf
on page 32 near the bottom.

Does this mean, then, that if an employee has been working at a place for say 10 mths, you don't have to take them on?
Whereas if they'd worked for 12 months and a day you'd have to take them.

It seems a bit all over the place TUPE does. It's not clear cut is it?!

I'm quoting for a job, the client didn't know anything about TUPE and seemed really annoyed as she didn't want the cleaners (they're not doing a good job apparently). I wish I hadn't mentioned it to her now, I should've just told her if I got the contract. Now I've got to convince her that with the right supervision etc. they will improve or if they don't I'll have to go down disciplinary route.

It's only the fourth place I've quoted for so far, I'm learning as I go. And of course getting lots of info from the peeps on here, I'm truly grateful.

[The Great One]

Hi

As far as i know but please do take professional advise...

You can say ' no provision for Tupe' on the contract'

Again not certain and if I am wrong apologies.

Regards

Martin

[shelton]

As I understand it (and am willing to be corrected), not only do they have to have 12 months continuous service, but they must have also have been employed specifically for that task.

It sounds about right to me, but that probably means it's duff advice.

One other point  . .. TUPE would apply (if applicable ) to whoever won this tender, so it should not affect your success one way or the other.

Try to sell it that you know what you are talking about - if your competitors have not picked up on it, I'm sure your prospective customer could have that pointed out to them.