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Jennifer Caswell
Member - 1 post
Hello Valerie
I completely understand your frustration having been in a similar situation previously. However as Martin has outlined, for TUPE to apply there has to be a transfer of 'undertaking' which in effect means that if you wish to transfer the undertaking of cleaning within your company then the cleaners would be protected and transfer to the new contractor for this service. In essence if your cleaners are not performing then this is down to your company to deal with via performance clauses in your contract with the cleaning contractor - it is the management of the cleaning staff that appears to be the issue here, as you rightly say otherwise you are only transferring the problem from one contractor to another.
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