Dumping bad employees by TUPE

[rpguk]

I won't go into specifics but my business is in an industry where the staff are spread out over many sites and contracts come and go every few years. As a result we take on a lot of employees via TUPE. Now I have one who is not only an absolute pain in the arse but also on a bloody good wage.

I also have a contract which we are not re-tendering for as it's just not worth our while. The staff on site will be eligible for TUPE and will have to be taken on by the incoming company.

Can anyone see any problems with me moving Mrs P.I. Arse over to this site and jettisoning her off when we lose the contract?

[CR0X]

I will ask my wife as she is in a TUPE affected industry, provided that it is not man guarding as there might be a massive conflict of interest!

[fade2grey]

I don't see a problem with that. My understanding is that the employee can opt out & take their chances in a company where their job no longer exists too (though that might just be our place) - just make sure you've covered all bases & job done.

Oh & just because he's come in via tupe doesnt mean you can't put him on a PIP & do the hoops until you can legitimately get shot.

[prostang]

employees under tupe cannot opt out they would have to resign