Staff, TUPE, the Facts
We are often approached to take over a failing contract and are met with shock when we advise the prospective client that in all likelihood the very staff that they are unhappy with are likely to remain, this is due to the TUPE legislation. This piece of legislation had the admirable aim of protecting employees from unscrupulous employers but has resulted in great difficulties for companies whose business largely consists of taking over existing contracts. However don't panic, here are the facts :-
- 1. TUPE law covers virtually any situation where all the employee's tasks are to be transferred to another company, whether they are directly employed by you or by a third party in an outsourcing arrangement.
- 2. Any staff issues, including existing problems and transfers of employment are our problem and will be dealt with at no additional charge to you.
- 3. We are fully conversant with TUPE legislation and whether the staff are employed by a current cleaning contractor or by yourself (where you are considering outsourcing) we can guide you through the process and indeed largely take it off of your shoulders.
- 4. In most instances where a cleaning contract is failing to deliver for the client, the problem is NOT with the staff but with the incumbent cleaning company. We are experienced in taking over contracts that are the subject of TUPE legislation and find that with proper training, guidance, planning and management, around 80% of existing staff remain and are converted into productive employees producing the standards required by our clients.
- 5. In the rare instances where staff are simply not capable to fulfilling their obligations they will be processed using proper disciplinary procedures, thus protecting all parties from unwelcome employment law repercussions.
If you are in this position simply call us on 0845 226 7954 and we can discuss the implications, even before you have taken the final decision to transfer the cleaning contract.
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