Some advise please

jg666

Hi
First thread on here and I need some advice.
Ill explain the situation-
I own and run a very small company supplying staff for late night venues. All of my staff are sub contracted. I have just been offered a contract for a new venue and have a slight concern.
One member of staff at the venue is employed directly by the venue so I understand that he will fall under TUPE if the work he does is contracted out to me. This is not a problem as I can pay him PAYE, however he has somehow been getting paid £17.50 per hour for doing this job. He has no written contract of employment but I am aware that even though its not written down, this does not mean it does not exist.

I would like to either drop his wages to fall in line with what I pay everyone else or some make him a sub contractor - how best should I do this????


Any help would be great

getmore4less

IF you end up in a TUPE situation make sure you have the details of the contract(there is one if they have been paying).

It's not just the rate, holidays, contractual hours, sick, other benifits, and very important service etc. there will be more you need to investigate

Some places do this(contract out services) to offload liabilities.

The obvious solution is to take the contract at the rate they have been paying this person.

gibson123

I think you'll find that under TUPE, that the terms and conditions of the employee are protected. I don't know for how long.

I found this http://www.out-law.com/page-448

As the new employer is required to take on the employees on their existing terms and conditions of employment, it is prohibited from making any changes to the terms and conditions of employment of the transferred employees if the sole or principal reason for the variation is the transfer. This is also the case where the sole or principal reason is connected to the transfer, unless there is an ETO reason for the change, usually requiring a change in number of the workforce. This often makes it difficult, if not impossible, for incoming employers to harmonise terms and conditions of employment of staff after a TUPE transfer.

the only advise I can give is that you ensure the contract value covers his wages and costs of his T&C completely