Tupe and contract workers

Captain_Maniwaring

Good Morning 
could anyone advise me please on my position of a contract worker for a cleaning firm ,who have just lost the contract ( has come to an end and another company has been engaged ) 
The new Firm that has won the Contract are advertising the position I am holding at the moment ( 2 weeks to run out ) and have made no contact with me at all 
Should I be expecting any contact and does the Tupe agreement apply to this case at all ?

 Thanks for reading - bit confused by it all really

elseychelsea1

Who are you employed by the cleaning company or an agency? 

lincroft1710

I am assuming you work directly for Company A.

Company A's contract as a supplier to Company X is ending and will not be renewed. The contract will now be supplied by Company B who are recruiting. If Company A has no more work for you then you could apply for a job with Company B, but I cannot see TUPE applies as Company B has not taken over Company A nor has Company A transferred the cleaning contract to Company B.

unforeseen

I think TUPE applies
It appears to be a service provision change as per https://www.gov.uk/transfers-takeovers

Captain_Maniwaring

lincroft1710 said:

I am assuming you work directly for Company A.

Company A's contract as a supplier to Company X is ending and will not be renewed. The contract will now be supplied by Company B who are recruiting. If Company A has no more work for you then you could apply for a job with Company B, but I cannot see TUPE applies as Company B has not taken over Company A nor has Company A transferred the cleaning contract to Company B.

elseychelsea1 said:

Who are you employed by the cleaning company or an agency? 

Captain_Maniwaring

I am dieectly employed for over 2 years for the cleaning company

Captain_Maniwaring

elseychelsea1 said:

Who are you employed by the cleaning company or an agency?  The Cleaning company

elseychelsea1 said:

Who are you employed by the cleaning company or an agency? 

elseychelsea1 said:

Who are you employed by the cleaning company or an agency? 

elseychelsea1 said:

Who are you employed by the cleaning company or an agency? 

lincroft1710 said:

I am assuming you work directly for Company A.

Company A's contract as a supplier to Company X is ending and will not be renewed. The contract will now be supplied by Company B who are recruiting. If Company A has no more work for you then you could apply for a job with Company B, but I cannot see TUPE applies as Company B has not taken over Company A nor has Company A transferred the cleaning contract to Company B.

Lomast

I also think tupe applies, i would be on the phone to your union if you have one or acas for advice

JCS1

If you read the link that unforseen has given above, it is covered under service provision changes.  

thebrexitunicorn

In a situation like yours TUPE normally does apply. Your current employer (and the new company) have a duty to inform and consult about the transfer.  Have you asked your employer about TUPE?  If no information I suggest you email both companies to ask for information. If they say TUPE does not apply, ask why.  

Captain_Maniwaring

Thankyou for your opinions and suggestions on my upcoming predicament - I have contacted as suggested ACAS and will see if they can help resolve , yes actually it is my Employer who suggested TUPE to me as I was TUPED over to her cleaning firm from another cleaning firm about 3 years ago ( same job location ) and thank you yes I will ask if it doesn't apply then why not ?
- if its the law that they don't have to for some reason then fair enough ,at least Im trying to explore all avenues - at the moment just seems I am supposed to shove the keys through the letterbox at the end of my last shift and walkaway without a word from anyone after nearly 6 years