Transferred under tupe 2 months ago

hardworker1980

Hi all, i hope this is in the right place i have worked direct for a company cleaning there office since march 2008 in august this year 2009 i got a letter saying i was being transferred over to a cleaning company and would work for them instead of the company direct. I handed my keys over to my supervisor on the 9th october as i was away on holiday the following week on saturday i received a letter from them saying the previous night was my last nights work as they had lost the contract and i no longer have a job. i have written a grievance letter and am posting it tomorrow to them i know under tupe i should transfer over to the new contractor if there is one if not direct back to the company , does anyone know how long they have to keep you on after a tupe transfer any help would be gratefull thanks xx

motorguy

hardworker1980 wrote: »

Hi all, i hope this is in the right place i have worked direct for a company cleaning there office since march 2008 in august this year 2009 i got a letter saying i was being transferred over to a cleaning company and would work for them instead of the company direct. I handed my keys over to my supervisor on the 9th october as i was away on holiday the following week on saturday i received a letter from them saying the previous night was my last nights work as they had lost the contract and i no longer have a job. i have written a grievance letter and am posting it tomorrow to them i know under tupe i should transfer over to the new contractor if there is one if not direct back to the company , does anyone know how long they have to keep you on after a tupe transfer any help would be gratefull thanks xx

I dont think there is any minimum time they have to keep you.

hardworker1980

oobviously id rather keep my job as i believe they should transfer me back to the new contractor or the company direct ty for your quick response and help paul x

jazzyman01

Whoever has won the contract should be your employer. You should have been advised of who has won the contract and have been consulted on the transfer.

Contact your old company asking for details of the new employer. Give them 5 days and state that you expect payment from them for wages as you have not been advised of the transfer and as such still regard them as your employers.

If you do not hear from them, contact the Company where you clean. They will have details of the Company that won the contract - as they will have awarded it to them. They should not really want to get in the middle of this. Write to the new cleaning company stating that you were employed on that particular work and as such you should be TUPE'd across to their business.

caeler

Jazzyman is spot on. You go with the work to whoever is now doing it. If you have to go to your new employer and sit in the reception (or equivalent) if you have to. Visability helps in these situations.

If you have to enforce your rights at an employment tribunal you'll need to hold both companies as respondents so they should both want to try and resolve this.

If they don't need you this is something quite different.

Good Luck.

hardworker1980

ty all for your help thats what i thought i should have been transferred to new company or direct to my employer the company that took me on two months ago sent me this :-

RE:Cleaning services at

We regret to inform you that wwe have received a letter of cancellation of our cleaning contract with .......... with effect from friday 16th october 2009, i understand you willbe on holiday for the week leading upto the 16th october and you will be paid accordingly for your holiday so your last working day will be friday 9th october.

We would like to thank you for your services during your time with ..... and if we have any suitable vacancies in your area which we think would be suitable for you we will contact you yours sincerely


i know i have to be transferred to the new company but i personally believe there is no new contractor and either they still have the contract or i have to go back direct to the company before these they have offered me no lieu of notice pay either just expect me to take this as final well im going to fight it all the way .

just one thing this bit "Give them 5 days and state that you expect payment from them for wages as you have not been advised of the transfer and as such still regard them as your employers" do i add that in my grievance to them at the top or the end as of last friday they state i am not getting paid and i really need my job ty all for all of your helo

The_Pedant

Quick question...
You said that you worked directly for a company cleaning their offices in the original post. In the last post however, that letter above states "we have received a letter of cancellation of our cleaning contract with..." which sounds more like you were employed by someone contracting to do the work for the company.

If that was the case & they lost the contract then it's possible you would not transfer, which would mean you would still be employed with your original employer who would probably make the post redundant.

It's just a little grey atm what the actual 'transfer' was. Just seeking a little clarification

hardworker1980

hi the pendant, i worked directly for the company since last march 2008 until 31st july 2009 this year they then took a contractor on who i transferred over to as of august this year i was transferred over under tupe i have worked for them for 2 months and then received this letter i hope its a little clearer now sorry not very good at putting things into words

jazzyman01

So you were transferred in July to an outsourced Company and then notified that they had lost the contract and your contract terminated? Irrespective of the length of the time in Companies, you should still be TUPE'd after all the offices still have to be cleaned.
Still write, put it at the end of the letter about expecting pay. You need to get on to the Company where you clean and ask who the new cleaning company is and get the letter to them too.

hardworker1980

thanks jazzyman i have this morning posted off a letter asking who the new contractor is just awaiting a reply now

Mudd14

I can only echo what is above, the office still ahve to be cleaned. The fact that the company you work for has lost the contract does not meen your employment comes to an end. Your employment will TUPE or you resign. I work in HR for a major cleaning contractor so any questions feel free to ask