Tupe

Phillip Legge

Cleantalk Member
need advise I have been asked to do office cleaning for a company with many offices around London and meant to start this Tuesday but the company they where using (who finish Monday after 3 months cancellation period) said I have to take there employees on due to TUPE!

Is this something I have to do seems strange that I got this contract as they are unhappy with the current cleaning company and my cost was lower so will be worse off!

Help please??
 

Mair Hunt

Cleantalk Team
Yes it is the Law, if you don't take on the existing cleaners for that particular contract then the employees could all sue you for unlawful dismissal. It would be prudent to seek legal advice asap.
 

Phillip Legge

Cleantalk Member
So telling me 2 working days before is ok?

Is there no way around this seems crazy that I no have this problem?
 

Mair Hunt

Cleantalk Team
Legally, you should have had this information at the exchange of contracts, as I mentioned it would be best to seek legal advice who will have the most up to date advice
 
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Igor liv

Cleantalk Member
It is the responsibility of the new contractor to ask for TUPE information. As for the contract that you signed, did you have a clause stating that PRICES can AND WILL be amended subject to Receipt of the TUPE information?

As it stands you have to take on every single staff member, keep rate of pay and same hours.

Your options are:

1. possibly delay the start of the contract
2. Walk away
3. Negotiate the new rate based on what current cleaners are earning, holiday entitlements, benefits etc

How many staff members do you have to take on?

Also remember that you should have contacted all staff members 28 days prior to transfer.

If you plan on changing payment dates you have to issue a measures letter and consult with staff.
 
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Phillip Legge

Cleantalk Member
Does this apply as the cleaning contract I have offered is less hours and less pay. So me having to match his current contract means I would have to fin them more work and be out of pay.

Do you mean if my contract starts a month after the current contract ends I am ok not to take on the staff?

It’s just 1 employee 47.5 hrs
 

Igor liv

Cleantalk Member
Hi philip
The Tupe regulations are there to protect employees from situations like this. You will need to explain to the client that they did not divulge the correct contract information pertaining to current members of staff - which you now need to review your prices.

For three months you cant change their T&C as they are ring fenced by tupe regs.

You can start an hour reduction consultation period which will consist of three formal meetings which you have to take minutes of and signed by the cleaner at the end, a copy given to them.

When quoting for commercial contracts you should always give two quotes:

1. Tupe quote - this is a like for like quote with current cleaners hours, times, holidays, benefits etc.

2. Commercial quote - what you feel the work can be done at. This ultimately involves the consultation with staff to either reduce hours, increase hours, change working hours etc.

When a client opts for option two, it is important to explain that for three months you will need to maintain all aspects of the current staff until you have completed all consultations with staff.

How experienced are you with dealing with

1. Potential redundancies
2. Hour reductions

How many hours have you quoted for?

As for finding the cleaner other work, it is not possible as their contract is with that current client premises.

Give me a call on 07590117339 and I can explain the process better.
 
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Phillip Legge

Cleantalk Member
Sat down with employee and said this contract is different hours and his hours will be reduced and asked if still happy to tupe across and he said no which have written and signed to confirm. Didn't help he spoke no English at all and had to have his supervisor for the other company translate. Crazy law I think
 
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