[johnny_h]

hi there please can anyone help with advice !!
i have been asked to take over a cleaning contract but even though the old company have been given notice to quit they have just ignored it ,i have written to them via recorded post which has been ignored too
how do i find out the status and employment contract of the cleaner if her current employer isnt playing ball? hope that makes sence
and if i took over without this infomation where do i stand legally?
my solicitor has just said tough nothing i can do till they quit is that correct?
many thanks in advance

[garyj]

Strange situation. If one of my customers wanted me to leave I would be out as quick as possible, preferably that day!! Why hang around where you are not wanted?

Presume they have been told by the company they are not wanted and when their last day of working is, therefore no problem, from that day they will not get paid and should not be on the premises.

Why have you got involved? Is it because of TUPE?

[johnny_h]

yes i plan to carry the work on myself i happy i know what to do about the existing cleaner just cant get her infomation from her current employer this tupe stuff is murder 

[garyj]

Yep, and it is usual.

Believe it or not you cannot just get rid of the cleaner, which is ridiculous considering that is probably the reason why the customer wants to quit the old contract. If they have been there under a year your task is easy though, if not you will have to be very careful!

You will need proof from the cleaner of what her hours and pay is, you are also responsible for any holiday due!!!

When do you take over the contract?

[Gerry Styles]

Your customer should give them formal written notice that thier services are no longer required. There may be TUPE issues that you have to deal with and the old company should respond to a reasonable written request from you to provide information.

www.Free-Employer-Advice.co.uk

[johnny_h]

should i contact the existing cleaner direct if i get no help from her employer ? the contract has not been going for a year yet so her rights to redundancy will be nothing but i dont want to land up with an unfair dismissal claim

[adrian@abbey]

This is a simple one. Check the current contract with the cleaning contractor and see what the notice is. You should have some sort of copy or terms if you're taking over. Your client should be making the effort to notify them and not you. Its not your responsibility. Make sure you get written notification on when you started and the agreed price and a signature with that and begin the cleaning.

If a previous cleaning contractor was working when not wanted, every one of my clients would take keys from them or change alarm codes. That would get rid of them. The other thing my clients would do is not pay them.

It sounds like the client is passing the buck when it's their responsibility.