TUPE Law and Contract Cleaners

eamon

Methinks there is confusion between "client & contractor". My employer has been through a similar scenario at a recent tribunal. The contractor was found to be in the wrong.

Mudd14

I think what they are looking at is a service provision change, when one contractor is replaced by another or when work previously carried out by a contractor is brought in house. Subject to the facts of each case TUPE covers a service provision change.

mizzbiz

I don't believe there has been any confusion really. The current contractor must employ the cleaner to bring the regulations into discussion. What the law says is that that cleaner should turn up to work as normal, regardless of who her employer is, and thus transfer to the new contractor the OP has chosen to do his cleaning. If that cleaner only works at his premises (otherwise it can't possibly apply), then she might just continue to turn up for work at his place.

Of course it is a problem between the cleaning companies as she at no point is employed by the OP - so nothing for him to worry about.

Hammyman

donteatthat wrote: »

Hi, hope someone can advise me.
I am a co-owner of a small business and we have a contract with a cleaning company. We have cancelled this (3 months notice) as we have had several issues over the course of our time with them. The final issue is that we checked the alarm settings and the cleaner was spending substantially less time cleaning than we were paying for.
The cleaning company are now citing TUPE law at us basically saying we have to keep our cleaner who will transfer to the new cleaning company.
Is this right? I am inclined to think they are bending the law to be difficult.
Surely the cleaner is an employee of the now sacked cleaning company, and we are not obliged to keep her? If so, can I do a dismissal myself as if she was an employee of mine she would have been sacked for gross misconduct because of theft and deception.
TIA,
DET

They are completely and utterly wrong. The cleaner is not your employee, she is an employee of the cleaning companies. TUPE does not apply. You are not obliged to keep her. You cannot do a dismissal yourself as you are not her employer. If she turns up after the end of the notice period, send her home and tell her that you no longer use her cleaning company. Employ your own cleaner direct so you don't fall foul of the stupid contractor law.

When she has gone, change the alarm code.