Thanks. To answer your questions:
1.Is there any way out that can be explored at all not dealing with this at all (on the basis of the fact they cannot provide the service in the morning). For example: the company is told, we have changed circumstances, we need the service in the morning. If you cannot provide it, we cannot use your services. As they stated their cleaners are NOT available for the morning, is this not a valid way out at all.
It will be difficult to avoid not employing any current employees if they were assigned to clean for the client and even if you are going to be required to clean morning, it does mean you would likely have to use them for other times when they can work. One option you have though is that any employees who have continuous service with the contractor of less than 2 years are not protected against unfair dismissal and as such they can be taken on by you and then dismissed, without them being able to challenge it. So that is a way of trying to remove some of them without any further liabilities.
2. As I understand, if they refuse to disclose their contracts with the cleaners, we say we cannot take any responsibility under tupe and cannot take their workers.
Not quite. TUPE would still apply regardless of whether the contracts have been disclosed or not, so if the employees can show what contracts they have you still have to honour TUPE and take them on if they qualify.
3. What happens if they suddenly put some new people with recently adjusted contracts or have same people with adjusted contracts once they are given a month notice? They shall be asked of course from WHEN are current contracts dated.
Recently changed contracts can still mean that these employees transfer over, as long as they are assigned to that client’s work, there is no minimum timeframe for them to have been employed on the contract for TUPE to cover them
4. Finally, if workers are on ZERO hour contracts, this means there are no responsibilities. Is that correct too.
Yes, they are mot employees in that case, you only have to take over employees, not workers or contractors.
Hop this clarifies?