Redundancy?

SarEl

Or maybe not. On re-reading it I am a bit concerned by the "barristers" comment - I certainly wouldn't review or draft a damned thing based on third hand information during a telephone call with someone else, and based on one solicitors letter and none of the other side of the story. So you do perhaps have a point - when I said that I hoped his lawyer was good, I think I possibly meant better than this! But it is difficult to tell based on little information - they may be top notch and know something the OP hasn't remembered to tell us! I suppose all we can do is warn....

dseventy

Hi all

Promised I would update and here I am as promised.

Before I even get to the specific questions I would like to point out that I am not some amateur dabbling in business. I have built my company up over 15 years, employ 87 (on substantive contracts) people and gone from a "spare bedroom" operation to turning over 4 million pound last year. Whilst I am not a solicitor or have a degree in law, I know how business works and have vast experiences of employing people and managing a business. Whilst I appreciate that you don't know me or my posts might come across as naive, don't mistake that for lack of knowledge on my behalf.

To address a few questions :

@getmoreforless and @acc72

Yes I spoke about TUPE (it was the main thrust of the letter), the letter was FAXED to to my solicitors after my chat.

Whilst my post might come across like a call to a call-centre, I can assure you that I pay vast sums of money for my legal services who are top London legal firm (3 names in the title) and they have never done me wrong (even during my business "incubation").

So, I was in London today and 2 hours with their legal team and we reviewed my options and potential outcomes. For the record (to those who suggest that I fight it the hope that the cleaners back down to costs) if they have a valid claim I want to address it and consider it.

The outcome of the meeting and the advice from the firm is to deny the claim. I'll give their advice here and are willing to have it picked over.

They state that TUPE normally applies where company A takes over company B (buy-out etc) and the same services are applied. This is not the case for us as all I have done is removed my custom.

Whilst the offer to other tenants complicates things (their words) is not a subsitute for their services as the status qou is broken.

The council have confirmed that these people affected have had a redundancy payment, accepted it formally and and far as their legal advice goes, the matter is closed.

I have signed a letter to the people affected to this regard and will have representation should it make it to court.

Hope that answers the questions and thanks to all for advice (esp Sar_E as I know we have crossed swords before).

D70

dseventy

Hi all

Just an update on this.

Spoke to my solicitors and thus :

1) They have exchanged letters with the council and are satisfied that these cleaners did sufficent other work (apart from my floors and others I spoke to) to satisfy the condition that they did not just work for me, had enough other work.
2) They have copies of my tenancy agreement stating the cleaning charge is optional, not inferred or mandatory for my tenancy of the building.
3) I was not the employer of said cleaners, and the employer (council) were the employer and followed process in the redunancy situation.

They are quite happy with my legal position and are happy to challenge any tribunal or court action on my behalf. So content that they will indemnify me against potential litigation or court hearings.

I am happy with this, as promised I would update. (Still no response to first letter).

D70

dseventy

Just to update and close the thread.

My solicitors have wrote 5 times to the cleaners solicitor and only got a response today. They have dropped the issue and the other solicitors consider the matter closed.

So thats it I guess.

D70