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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48188
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Good afternoon, We currently have office cleaners through an

Resolved Question:

Good afternoon, We currently have office cleaners through an external contractor. We are receiving a very poor service at the moment and looking at terminating the contract. I have been told that I can not do this because of Tupee? If we did we would have
to let the new contractors take on the old cleaners because we would be basically making those people unemployed. Surely if these people are working for a contract cleaning company and not employed by us Tupee does not come into this? He does use the same
cleaners but surely that is his choice not our we just ask for 3 people 2 hours a day 5 days a week?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello how long have these cleaners been employed by the current contractor?

Customer: replied 1 year ago.
Hi Ben 4 + years ish.
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Thanks for your patience. This is a tricky situation because the cleaners will have certain protection under TUPE. If they are assigned to the contract for your company and you change service providers, the new provider will be under a legal obligation to take them on. If they had less than 2 years’ service they could have refused to take them on but if they have 4 years service they have no option. So the cleaning industry is one where such issues commonly occur – a substandard service is provided by individuals working for a contractor, who is replaced, only for the new contractor to end up with the exact same individuals and the same standard of service.
There is unfortunately no easy way around this. Neither you nor the contractors can override the legal protection offered here. What you have to do is make your concerns known to the new contractor (or existing one) and allow them to deal with these people internally as a performance matter. Alternatively you could ask that they are moved off your contract as you are not satisfied with their standard of work. Alternatively you could try and have a gap between contractors so that there is no immediate automatic transfer of the services.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.
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