TUPE and self-employed

colino

I know we live in a blame culture, but this is stretching it too far. His employees are not camped in your business ready to empty the bins when they reach danger level, his company simply provide a service to your company (and others no doubt). I assume you have told them to improve drastically and they have failed.
Are you going to take on Viking staff when you start getting your paperclips from Staples?

Micky999

The Viking staff are working for more than one customer, and delivering a product, not a service (see the XpertHR extract earlier in the thread), so isn't a helpful comparison. The cleaners, he would argue (truthfully or otherwise), are not and that is why TUPE is being cited. I think it's nonsense too, but there seems to be enough anecdotal info around to make it worth a little digging. Everyone has an opinion, I'm just trying to find someone who knows.

harrys_dad

Well if even ACAS say "every case is different" and will not advise, then "someone who knows" may cost the services of an employment lawyer. the alternative is to go ahead without TUPE and see what happens in Employment Tribunal.