Notice of termination

Kazzie78 · 10 March 2018 at 10:10PM

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.

General_Grant · 10 March 2018 at 11:50PM

Ask your self-employed sub-contractors whether they would like their details passed on to the new company as an introduction.

Savvy_Sue · 11 March 2018 at 2:26AM

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.

prowla · 11 March 2018 at 6:07AM

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.

Notice of termination

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