[Rosemary Bolton]

I read several threads on here last night by people who claimed that if an outgoing contractor is sacked due to poor standard and then the client waits a week and then hires you this is a sly way of getting round tupe

I am a member of Peninsula business services who I strongly recommend to any of you and just wanted to make clear that this is a breach of tupe and if a member of staff has over 1 years service is also a potential employment tribunal and you could get hit with having to pay out thousands.

Either the client needs to do a third party removal of the specific cleaner and you perform tupe due diligence prior to this or you need to take the poor cleaner on and either do a short service dismissal if they have less than 1 years continual service of take them down the disciplinary route if they have been working at the clients premises for longer

[cml]

Even case is based on its on merit.  However the time lapse would have to have been considered reasonable in such circumstances. 
Companies are now using poor performance as an excuse to break contracts and negate Tupe regulations. You may be amazed that some government agencies also adopt this procedure.  This is in the hope that the outgoing company does not know their rights,  staff do not bring an ET case against them or they are themselves just being ignorant to the fact.

Caution.  Each case is on its own merits and anyone using this procedure may still be caught by TUPE or find themselves at the ET door.

[Rosemary Bolton]

I had a solicitors who pulled this stunt on me. I gave my month's notice (the only time I have EVER quit a contract) due to their rude and unacceptable behaviour. In the space of 6 months I had 4 cleaners quit after they were spoken to in a derogatory manner and 5 cleaners who the office hitler manager insisted I sack within 48 hours as they did not have enough "sense of urgency" about them. The only cleaner they ever approved of quit after 2 weeks on medical advice as the place caused him to have full blown panic attacks. He was fine before he started there!
A week into the notice period I took on a new cleaner as I was sick of being rollocked by them. There were over 150 staff in the offices and they would only pay for 3 hours a day. Emptying the bins used to take 1 hour 15 mins, it was impossible.
I took the cleaner on the Friday and Sunday morning I got a stern email saying your services are no longer required, we will negotiate with you a time when convenient for us when you can collect your property.
I turned up Monday morning to get my stuff. I did not see why I should wait until it is convenient for THEM to get MY property. At first they told me to go away and they would contact me when they were free. I told them if they did not let me in the police would be called, so they reluctantly let me get my property. They told me my cleaner was no longer required as they were no longer having any cleaning done on the premises. I told them that was utter rubbish and my cleaner has TUPE rights to which they replied "you only run a cleaning business, you are TOO THICK to understand TUPE" Nice.
A week later they started another firm. I offered to write my cleaner's tribunal forms (this was before July so no fee was needed) but the lovely lad "did not want to cause a fuss". He was such a nice bloke and did not deserve that. When I told them as solicitors they should respect employment law they said "if I ever tried to tarnish their reputation they would come after me and destroy me".
No one has come after me as of yet...guess they must have got on the wrong bus.
I know this sounds far fetched but it is absolutely true. So glad I quit the place.

[The Great One]

What if a company has been sacked from a commercial client, but no contract was signed, does TUPE still apply?

They had just under a year service, didn't turn up sometimes and bad cleaners.

Thanks