Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : I think you can terminate the contract with immediate effect.
Alex Watts : Howevr I think you will have continuing obligations to the employee during any notice period.
Alex Watts : But based in the terms and what you have said, you can pull the contract with immediate effect.
Alex Watts : can I clairfy anything for you about this today pkease?
the situation is pete, my cleaner is on annual leave this week.
I want to get my stuff today and take my property home
peninsula are saying wait until pete the cleaner is back on monday and then start the tupe process
Alex Watts : Yes you can do that if you terminate the contract.
Alex Watts : the fact you have not been paid and you suspect they are going insolvent is enough
it is likely the customer will take pete on as an in house employee
Alex Watts : I don't know that would be impossible for me to say
Alex Watts : But what I can say is that you have ground to terminate
so do I just pitch up at the bar this afternoon and collect my kit eg mops vacuum
Alex Watts : yes you can do that, there is nothing stopping you
but what happens to pete? I can go in Monday and chat with him about TUPE but peninsula are saying he needs 14 days notice of transfer
Alex Watts : Can I clairfy anything for you about this today please?
yes I am v confused!
Alex Watts : i can only hell you with a contract law queation, I am not an employment specialist
Alex Watts : I can help you in terms your contract with the customer
I know it is very complicated. Peninsula are excellent with employment law, and I want to get my kit today, but what happens to pete? Do I continue paying his wage?
Alex Watts : You would have to during any notice period. After all it's not Pete's fault.
Alex Watts : But you can go in and end the contract, which is the aspect I can help with
Alex Watts : Does that help?
I feel sorry for Pete, he is a lovely chap and I would be happy to pay his notice pay and I think the client will want to take him on as an in house employee which would be great for him
I think what I need to do today is 1. collect my kit 2. contact pete and invite him to a TUPE meeting. In the interim it is only fair that pete gets paid for his services and continues to be paid a/l.
Alex Watts : Yes I would agree.
Alex Watts : Can I clairfy anything else for you?
right I will go get my kit and invite pete to a meeting on monday.
Alex Watts : ok.
I think you have clarified it. It is a complex situation as I want to correctly follow -=
contract and employment law
Alex Watts : Inded. Bearing in mind I can only help with contract law, not employment matters
I know, it is a tough one thanks