[HQCS (John Kastrian)]

Hi boys & girls,a couple of tupe queries please.
Q1/
If a new cleaning contractor was to take over where the client had given notice to terminate the  cleaning contract due to unhappiness with the cleaners/cleaning company,would the ingoing company have to take on existing cleaning staff?
Q2/
If the existing cleaning contract (12 months) had expired and was not being renewed by the client,would Tupe regs apply to the existing cleaning staff?
many thanks,
John

[Alex]

Hi John,

I think the TUPE rule would kick in, however, I would suggest speaking the FSB legal team if you are a member.

Alex

[Fox]

Yes to both your questions you have a legal obligation to take on the exsisting staff if they want to transfer and their contract with you would start from the time they started so if they had already been there 12 months and you took them on they would in effect have the rights of any employee who has worked directly for you for 12 months.

Fox

[jasonl]

YES AND YES BUT.................. you can side step it if you are careful , by colluding with the client and, doing a "third party dimissal", this entails  getting the client to say they do not want a particular person or persons on site... this is highly dodgy, and get caught/taken to a tribunal , you will be hit hard in the wallet. You also have to show willing offering the dismissed person alternative work.

[*Chris Browne]

Please be careful with tupe regulations, i have known companies get there fingers burned by not complying :


Chris

[HQCS (John Kastrian)]

Thanks for replies,pretty much the answers I expected.
We have had several differences of opinion when companies have asked us to quote for cleaning contracts and after explaining that under tupe we have to offer to keep the existing cleaners on the client has decided to try and sort out the problems they have with the current contractor rather than engage a new contractor and still keep the useless cleaners.
I would never try to sidestep the regulations as I am fully aware of the possible consequences and it is just not worth it.
thanks again,
John