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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10096
Experience:  30 years as a practising solicitor.
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Good Afternoon, I have a cleaning company, We were approached

Customer Question

Good Afternoon,
I have a cleaning company, We were approached by another company to provide daily cleaning services to 30 rental apartments. we sent them a quote and they accepted, we started almost immediately as the other company had terminated services. We employed 2 employees that we found out later was made unemployed and re-employed them we then employed another 2 cleaners and 1 office to help with the extra work load, we tried and in some cases pleaded company to sign our contract, and they kept given us excuses like we need to read it again before we sign i or we will sign in 6 weeks! Basically they wanted us to all the work but did not want the burden of the contract. we so wanted to just give it up but they were very bad at paying us. we thought if we give them notice they would not pay us at all.
So yesterday evening after 6 months work an email arrived giving us 7 days notice as they were taking everything in-house, they are owe us over 24000.00 thousand pounds from today. they promised to pay our November Invoice of 10357.00 but have only paid 7357.00.
I called them today to discuss payment of all our invoices to date and to discuss the tupe regulations but said its not their employees and because they have not signed a contract then its not their problem, I am appalled by there attitude but not sure what to do. I think they have used our Company as a stepping stone to get to their final Goal.
Regards
Mark
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you question.
There are two issues here, that of TUPE and that of payment of your invoices.
As far as TUPE is concerned the rules are complex and you should always take direct advice on your specific situation. However what has happened here is that an outsourced contract has changed from one contractor to another and then it has been brought in house. The lack of a written contract is irrelevant. The company has a TUPE responsibility to the employees. Length of service should not be an issue because any dismissal arising from. TUPE transfer, other than a change in workplace location, is automatically unfair.
Suing . I would raise an action invoices and try to get an order granting warrant to arrest their bank account. I would also consider a loss of profit claim of notice. You can argue that although they didn't sign the written contract they are bound by its terms and impliedly agreed to a longer period of notice.
Your own solicitor would have to look at this in more detail but that would be my overall approach to this.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited time.

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