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    • Kazzie78
    • By Kazzie78 10th Mar 18, 9:10 PM
    • 1Posts
    • 0Thanks
    Notice of termination
    • #1
    • 10th Mar 18, 9:10 PM
    Notice of termination 10th Mar 18 at 9:10 PM
    Hi this is a long story what should i do?
    Im a very small cleaning company with 2 self emplyed staff that work for me. 2 weeks ago i found out the company i cleaned for 4 years have appointed another cleaning company without notifying myself (i found out on social media) one of my staff applied for more hours with them and thats how I found out they had taken it over. The new cleaning company brought the matter up with them on Monday morning while signing contracts and told them they wasnt happy i hadnt been informed and monday afternoon i had a notice of termination. Now this new cleaning company wants my staff details to tupe transfer over but they are self employed so do i need to do that. Sorry if ive confused you with my long post.
Page 1
    • General Grant
    • By General Grant 10th Mar 18, 10:50 PM
    • 692 Posts
    • 810 Thanks
    General Grant
    • #2
    • 10th Mar 18, 10:50 PM
    • #2
    • 10th Mar 18, 10:50 PM
    Ask your self-employed sub-contractors whether they would like their details passed on to the new company as an introduction.
    • Savvy_Sue
    • By Savvy_Sue 11th Mar 18, 1:26 AM
    • 38,206 Posts
    • 34,744 Thanks
    • #3
    • 11th Mar 18, 1:26 AM
    • #3
    • 11th Mar 18, 1:26 AM
    If your 'staff' are genuinely self-employed, then they can work for whoever they like, and cannot be TUPEd over. But I think you should be asking some other questions:
    • What were your contractual terms of business with the company who have just appointed new cleaners? Have they given notice in line with that contract?
    • Will you be able to find other work for your 'self-employed' cleaners?
    • Will they want other work?
    • Were these people really self-employed or did you just choose to treat them as such? There's a link to the questions you should be asking yourself here, and take note of the warnings.
    Still knitting!
    Completed: 1 adult cardigan, 3 baby jumpers, 3 shawls, 1 sweat band, 3 pairs baby bootees,
    1 Wise Man Knitivity figure + 1 sheep, 2 pairs socks, 2 hats and 2 balaclavas for seamen ...
    Current projects: another balaclava for myself, must find a mohair cardigan pattern ...
    • prowla
    • By prowla 11th Mar 18, 5:07 AM
    • 9,636 Posts
    • 7,677 Thanks
    • #4
    • 11th Mar 18, 5:07 AM
    • #4
    • 11th Mar 18, 5:07 AM
    So, the client wasn't happy with the service, but they want to TUPE the same workers over...

    As noted, TUPE is for employees, not contractors/self employed.
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