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As an employer - some quick advice needed

6 replies

yeahinaminute · 07/09/2006 15:31

All legal eagles out there Can you help??

We have just lost a contract at a school (contract cleaning) to a larger company (London based but a satellite office in this area)basically on price.

I have performed all the requirements for TUPE so that my old staff can be taken on by them.

Contract was taken over on the 1st of Sept.

The new company has not contacted my old staff - as advised by me they reported for work and have handed over their P45's etc.

Have just had a deputation from some of them as they are requesting work with us and b) complaining that the new company has made them get on their hands and knees to clean ( against all H and S guidelines) - if they don't they will be docked on their wages.

The staff have asked when they will receive their CRB forms to complete (it's a school therefore a requirement of the contract) and they have been told that they will have arrange their own and pay for them!

Furthermore this company is bussing in Eastern Europeans and paying them £3.50 per hour ( hence the reason they bid so low methinks)

So please some advice on:

A)they cannot MAKE people work without the correct training and equipment and dock their pay if they refuse can they?
and
B) Surely as members of the EEC minimum wage guidelines should still be maintained for the Eastern Europeans ( mainly Poles)?

I know it is no longer my responsibility but this is really hacking me off - our cleaners are good, well trained and for an industry such as ours well paid - I hate to see them being exploited like this - including the poor Poles the new company has employed.

OP posts:
julienetmum · 08/09/2006 00:04

A No they can not

B Of course the minimum wage still applies, also the Eastern Europeans must have permission to work in this country.

Do the school know they have not had CRB's done?

ChicPea · 08/09/2006 00:07

Ring acas for legal advice on 0845 747 4 747. Hope that helps.

yeahinaminute · 08/09/2006 16:49

Thanks very much for the advice - spoke with lawyer friend last night too - I feel I shouldn't "meddle" as i don't want it to appear " sour - grapes ish" but I am horribly concerned not just for my ex-employees but also for the blatant exploitation ..
Anyway thanks again

OP posts:
fairyjay · 08/09/2006 17:00

To be honest, if I'd lost a contract on price alone, and the competitor had won using illegal methods (low pay, no CRB, questionable employees, not working to H & S guidelines), I would feel professionally obliged to speak to my contact and very politely point out these shortcomings. You could meet the low prices if you didn't meet legal requirements. This sort of thing really annoys me.

yeahinaminute · 08/09/2006 17:12

Actually I am so pissed off not at losing the contract per se - all's fair in love and war etc - but it's the cutting corners and treating my staff and theirs so appalingly.
Grrrrrr

OP posts:
fairyjay · 11/09/2006 10:10

I don't mind losing contracts fairly - but they were just cheating!

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