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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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We are are small preschool charity. We started a contract with

Customer Question

We are are small preschool charity. We started a contract with a cleaning company in August 2015 (for Sept start date) For 10 hours per week. We reviewed this in November and took it down to 6 hours (and they increase the price by £3per hr). We signed a new contract at this point.
Since this date we have had building work done meaning there is more to clean and have decided to work a rota in-house for some chores along with pay one of our current child care staff to do the hoovering, mopping, toilets as a separate contract.
We did speak to the current company first but decided we could afford to increase the cleaning costs.
We have given the current cleaning company 30 days notice (as in the contract) to which they have replied...
"Our cleaner has the right to be transferred as part of TUPE legislation which entitles her to do so, I thought I would let you know to enable you to organise this for her your end."
I also know that the cleaner was off sick for a period before xmas and the company sent a stand in.
Advice on where we stand and our options would be gratefully received.
Many Thanks.
Submitted: 10 months ago.
Category: Law
Expert:  Jenny replied 10 months ago.
Hello my name is***** am an employment solicitor and I am happy to help you today. Did they only send one cleaner to your pre-school (except for the period of sick) and do you know if she worked on any other jobs for the cleaning company?
Expert:  Jenny replied 10 months ago.
Hello Kerris, the legal position is that if the cleaner in question worked only at your pre-school and has worked for the company for over 12 months then TUPE would apply. It is quite unlikely that this is the case and in the event you are going to assign the work to the other employee then you would probably be able to let her go quite easily. I would in the first instance as them if she is wholly assigned to your contract or if she works in other cleaning roles. If the answer is no and that she works in other cleaning roles then you can write to them and say you do not believe it does apply. This is quite a complex area of law so please feel free to ask further questions. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 10 months ago.
Thanks that is helpful and gives me the next step.
Expert:  Jenny replied 10 months ago.
Glad to have helped Kerris, I would be grateful if you would please take the time to rate my answer as I am not otherwise paid for the time I have spent working on your question. Thank you in advance and all the best. I will be more than happy to answer any future questions you have on this please remember to request me by name.
Customer: replied 10 months ago.
We have had a response from the company (see below). Could you confirm that we are correct in only discussing the contract from Nov 15 and what the next step should be. The cleaner has been off sick due to a heart attack.
Their response...
Please find below the answers to the questions which you required with regards ***** ***** TUPE legislation.1. How long has the cleaner been an employee with Goldcrest Cleaning Ltd = 07/09/2015.2. How many hours per week work has she done for you in the period between November 27th 2015 – 14th January 2016 = None, absent due to illness.3. How many contracts does she work for Goldcrest Cleaning Ltd = Coten-End Pre-School only.4. How much time was taken off due to sickness in the period between November 27th 2015 to 14th January 2016 = Did not attend during all of this period, due to ill health.
Expert:  Jenny replied 10 months ago.
Hi Kerris, I have sent an offer to speak to you by phone. As this is extremely complicated and if you do not get it right your business is at risk of a claim.

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