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ttxela  
#1 Posted : 24 February 2020 15:44:59(UTC)
Rank: Forum user
ttxela

Straying a little outside the bounds of H&S perhaps but we have a possible TUPE scenario.

We'd like to put our cleaning out to re-tender and as part of the process we may reduce cleaning frequency from every weekday to thrice weekly in the new specification.

As I understand it the current cleaning staff would have a right to be taken on by the new cleaning company, not necessarily a problem for us as we are happy with the staff who attend site but how will the reduced hours fit with TUPE requirements.

Or do we need to concern ourselves at all and it's up to the two cleaning companies to sort it out......

Roundtuit  
#2 Posted : 24 February 2020 15:48:28(UTC)
Rank: Super forum user
Roundtuit

From your post it sounds as though the current cleaners are contractors rather than direct employees in which case NYP (not your problem).

Roundtuit  
#3 Posted : 24 February 2020 15:48:28(UTC)
Rank: Super forum user
Roundtuit

From your post it sounds as though the current cleaners are contractors rather than direct employees in which case NYP (not your problem).

Mark-W  
#4 Posted : 25 February 2020 13:39:05(UTC)
Rank: Super forum user
Mark-W

In a very simiular vein, when you TUPE across your new employment contract has to be equal or better than what you currently have. But within the TUPE process, is there a need to align the H&S policys? Or is deemed not necessary to rewrite the H&S policys, fire etc to ensure they are the same as the previous employers. Surely if you need to rewrite it means that your own policy is deficient in some way? 

A Kurdziel  
#5 Posted : 25 February 2020 15:48:55(UTC)
Rank: Super forum user
A Kurdziel

There might be a need to update the documentation to reflect what the new workplace set-up is. The nearest to this I have been involved with was when approximately 200 plant health inspectors were transferred from the core department to my agency. They now had to work within our systems, using our risk assessment polices and procedures. They no longer had their old H&S team advising them; luckily then had me instead. So we went through our old policies and then developed new documentation to close-up any gaps.

It was a bit of a slog but I had loads of help from the inspectorate managers who came over to our agency.

Hsquared14  
#6 Posted : 26 February 2020 10:19:26(UTC)
Rank: Super forum user
Hsquared14

On totally a different tack - are you sure you want your toilets to be cleaned only three times a week?  We had one day missed here due to sickness absence of the cleaner and all hell broke loose!!!  I think you could reduce the frequency of some cleans but retain basics like toilet and handbasin cleaning and retain an everyday cleaning regime and reduce the daily hours.  To me that makes more sense. It still reduces your overall cleaning hours and makes the bill lower but retains daily cleaning of the essentials.

TUPE is worked out solely between the two employers so if you currently use a contractor you won't have to do anything.

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