TUPE help please

[chocolateyy]

I run a small cleaning business, we have just taken over a new contract where there is currently 1 cleaner employed by the old contractor.

I know TUPE would normally apply, but the cleaner works on 4 different contracts with her current employer & the contact we are taking on only accounts for 20% of her total number of hours. I have been advised that because this is significantly less than half of her total hours, then TUPE would not apply, but I feel it would because 100% of this specific job is being taken over. Does anyone have any advice?

Also, the old contractor has still not contacted me giving me her details to allow me to discuss the transfer with the cleaner, and we are due to start work in 2 weeks. If they don't get back to me, & the cleaner doesn't turn up to work on the transfer day, what are my options?

Unfortunately, I can't afford Legal Advice as I am just starting out, and I'm hoping that an MNer can help.

Have you done any research into TUPE yourself?

I have, yes. And I can't find answers to these 2 specific issues, I've got lots of general info regarding TUPE, and I went on a couple of training courses with the Local Council, but I can't find anything specific.

If all or most of the tasks contained in someone's job transfer to a new employer, then TUPE applies and the person transfers to the new employer with their job.

If only a small proportion of the person's job transfers to a different employer, then clearly the person can't transfer as there won't be a full job for them, and most of their job is still with their existing employer.

Surely it's preferable for you not to have to take on that liability anyway? Much simpler taking over a cleaning contract without the complications of TUPE I would imagine.

Thanks for that. I'm in a bit of a quandary. The Client are only moving because of cost, and apparently the Cleaner is very good, so it might be good to add to my Staff.

Thanks again.

In that case your best bet is to offer the cleaner a job for only those hours. But if the previous contractor won't give you the contact details there will be nothing you can do and you'll need to ensure the duties are performed by someone else. Waiting to see whether the cleaner turns up isn't an option.