[Musicman]

Deborah, as Fox quite rightly says, this is a tough one and I think you should seek the advice of an expert, maybe your first call should be at the Citizens Advice Bureau.

My gut feeling is that the reasons for the transfer, and which party terminated the contract is irrelevant. I believe the new contractor should take you on under TUPE, with protection of your wage rates hours etc.

However, reading between the lines, the client does not want you on site and my guess is that the incoming contractor will not take you on, or make your life there difficult - thus forcing you to leave.

Either way you will have a claim for unfair dismissal - whether outright or constructive.

In the event that this does happen you should follow it through the legal route - but get proper advice from a solicitor first.

I doubt you will get anywhere with the slander and defamation of character - but hey, it's worth a try.

This is an interesting one - would you be kind enough to let us know the outcome?

Musicman

[deborah5162]

Hi everyone,a update for you,I found out that GLOBAL got the contract to clean,I was told today that they changed the hours from a evening clean to a early A.M clean,which i cant do as i have 4 kids.Global are going to pay me a weeks money in lieu of notice.They claimed the Client changed her mind last minute,suddenly wanting a A.M clean.I wrote formally to the firm last week to complain about there unjust accussations against me and informing them i was seeking legal advice re slander and Defamation of Charactor,they havent even had the mannors to acknowledge the letter.Deborah

[Musicman]

Hi again Deborah, looks like you've been stitched up under the ETO clauses - Economic, Technical, or Organisational.

It would appear that the client and the contractor colluded to get you out. A change in the working time at such short notice is very dodgy.

If the need was there for the change in the shift time had it been discussed with your former employer?

My feeling is that a decent lawyer would rip holes in this and you would have a strong claim for constructive dismissal. It's down to you and the stomach you have for a fight - and whether you feel it is worth pursuing.

With regards to the contract in Reigate, I have spoken to Paul and he will contact the client tomorrow. The client is expecting his call and as long as he doesn't do anything daft the contract is his.

I'm just a little surprised that no-one else contacted me about it.

Musicman

[Fox]

Hi Musicman

Yeah looked into this myself as you know we have to be informed in this business.  From what I have read TUPE laws do not necessarily apply in this case.

Deborah is a direct employee of the original cleaning company and it is their choice to divert or cancel which in effect makes any dependant (eg: employee) their responsibility - TUPE can not be used to get rid of an employee (in effect called transferance) just because things haven't gone the right way.

At the end of the day we all have clients and staff that we would like to 'lose' (no offence Deborah) but to a law that is very rarely taken to the limit (but pretty grounded and strong in principal) to change things that either you want to avoid, or to make the next contractors life difficult is shi*/y.

I dare anyone on here to tell me that TUPE is something that does NOT benefit them unless it comes to terms and conditions and the only way that would affect someone is if they were so misinformed (sorry if your that person - but do your research next time) that they have not put the clause in their quotation.

Fox
(sorry if this post sounds to the point and harsh but I have to deal with the same situ many times and don't want to p**s around anymore)
Ps: Who does deborah sue? The current contactor?, The firm who has sub-contracted? or the previous employer? I'd be very carefull because this is so complicated not any one party is going to win.

[deborah5162]

HI Everyone, the company never discussed the need for a change in shift hours with my previous employer.According to GLOBAl they were advised last minute by the Client and the clieint was diberately slow in giving my employer details of the new contractor,he didnt recieve the details till this monday,GlOBAL have now offered me severence pay of a weeks salary and 2 days paid Holiday if i sign to say i take no further action against GLOBAL(Full and final Settlement)They also offered to do this to one of the other girls that worked with me.Im probally going to accept this.

[timeform]

re terms and condtions in the tupe law does concern start and end times i.e the old employer start time is at 17-00 to 19-00 and the new employer says the new times are 18-00 to 20-00 or is this breaking the law any help again please