company lost cleaning contract and tupe

BlueIsTheColour

bluesnake wrote: »

Thanks, sorry to get you to educate me due to poor schooling Being a devils advocate, what happens if the company ran both services simultaneous for two months, and the first contract just lapses? Clearly if they take the new staff on they would be 100% overstaffed and what is the minimum time before restucture and getting rid of staff that way.

It doesn't normally happen like that, there are no new cleaners involved, companies that operate in this field know that in taking on contracts, those contracts will include the staff performing that service. I have a friend who has been TUPE'd at least half a dozen times and yet his job hasn't changed once

bluesnake wrote: »

Surely these means that TUPE does not apply to the cleaners. You may have to fudge it a bit like the main activity supplying toilet roles on the first one. Cleaning as a single specific event on the second?

My friend was made redundant 10 years or so ago, a few months after TUPE.

The first bit doesn't apply as we're not talking about the provision of goods, but of services which is different.

The service provision element of TUPE was only included in 2006 I think it was. TUPE doesn't mean you won't get made redundant, each case on its' own merits, however if it is purely as a result of the transfer itself it would be automatically unfair. Businesses can make changes to TUPE'd people but have to justify it through an economical, technical or organisational reason and must be a proportionate means of achieving a legitimate aim (that's the same with most EU derived law)

Ultimately the only way of knowing for sure if TUPE applied or not may end up being a tribunal, but a solicitor can give a reasonable indicator when in possession of all the relevant facts.

k12479

soul75 wrote: »

...the new company dropping off there trolleys as every site i go to...

Does this make any difference? Doesn't sound like a transfer of assets.

marybelle01

k12479 wrote: »

Does this make any difference? Doesn't sound like a transfer of assets.

Ah yes.... the old "drop off some trolleys" get out clause. Guaranteed to work every time.

Unless, of course, the law we are talking about are the Transfer of Undertakings Regulations. Nothing whatsoever to do with transferring assets then. TUPE really isn't as hard as people are making out here. Yes, there are complex situations in some cases, just like anything else, but the scenario described here isn't one of them - contract re-tendered, contract awarded to new company, new company takes on the undertaking and the staff go with it.

soul75

thanks for all the replys all a bit baffling to me as im not all that clued up with it all and never been in this sitution before,i just got a call from my superviser again saying that my area manager has got a leaving date for me and will contact me in due course,i did mention am i being moved over to new company and said you should hear from them soon and she said i have same hours and pay and be safe under tupe regs for 3 months is that true?
i keep informing you lot as and when i get more info,bit baffling all this is to me

Wellery82

soul75 wrote: »

thanks for all the replys all a bit baffling to me as im not all that clued up with it all and never been in this sitution before,i just got a call from my superviser again saying that my area manager has got a leaving date for me and will contact me in due course,i did mention am i being moved over to new company and said you should hear from them soon and she said i have same hours and pay and be safe under tupe regs for 3 months is that true?
i keep informing you lot as and when i get more info,bit baffling all this is to me

Try not to worry - this is very standard and often the employee will see almost no change at work, apart from they have a new name on their payslip

The new company will contact you before this transfer date, hopefully a month or so before, but possibly closer to the time. They will have to tell you of any plans they have for restructures etc when you move over (you may hear this called "measures"). If they have no plans then you move over exactly as you were, and a company cannot make you redundant unless they prove that situations have changed considerably since the TUPE. This is what is called an "ETO", an econominc, technical or organisational change. In short they would have to proove a decision to make you redundant has nothing to do with the TUPE transfer. I do not believe there is a set timeline on this, but the longer you have been employed the easier it is to show it is not linked to a TUPE

The situation will become a lot clearer when the new company make contact with you and begin to answer your questions