Understanding TUPE in the commercial cleaning industry

Are you a business owner and thinking of hiring a new cleaning contract provider, but worried about your current, much-loved cleaners? That's where TUPE comes in. This UK legislation is designed to protect employees during employer transfers, but there's more to it than that. We know that understanding TUPE and its place in the cleaning industry can feel a bit confusing if you're new to it, so we're here to help.

In this article, we're going to explain what TUPE is, how it applies to cleaners, and what happens when it comes into play. We've added some real-world examples to help break the explanation down, ensuring you're left feeling confident in the face of any upcoming TUPE transfers.

What is TUPE?

TUPE, which stands for the Transfer of Undertakings (Protection of Employment) Regulations, is government legislation designed to protect employees and their rights when their employer or the service they provide changes management or ownership. It ensures that when a business or contract is transferred to a new employer, employees keep their existing jobs and employment terms. TUPE is in place to provide stability and fairness during takeovers, mergers, and contract changes.

Can someone refuse a TUPE transfer?

Yes, an employee can refuse TUPE, but this would result in their employment ending. This is because refusing the TUPE transfer essentially means the employee doesn't want to work for the new employer. By refusing TUPE, the employee also loses their right to redundancy pay or to claim unfair dismissal, because the employer is not terminating their employment.

TUPE in commercial cleaning

So, how does TUPE apply in the cleaning industry? TUPE comes into play when a cleaning company is sold or taken over, or when a cleaning service moves from one provider to another. Most cleaners have the right to transfer to the new employer and continue in their roles with the same pay, benefits, and working conditions. TUPE protects them from dismissal or unfair changes simply because the business or service has changed hands.

The two kinds of transfers covered by TUPE regulations

Let's take a look at the two main situations TUPE can apply to, along with some real-world examples.

Business transfers

A business transfer occurs when a business, or even just part of one, is sold, taken over, or merged with another, but keeps operating very close to or exactly as it did before. Put simply, it's when a business or part of a business moves to a new owner.

Example - Your business works from an office, which is cleaned by Soapy Inc. You learn that Soapy Inc. has been taken over by Suds Co. Your Soapy Inc. cleaner, Dave, does great work, and you'd like him to continue cleaning for your workplace. Dave feels the same.

Under TUPE legislation, Dave's job, pay, holiday, and other employment terms automatically transfer to Suds Co, the new owner. This means he keeps the same role and working conditions, just under a different employer. TUPE ensures Dave's employment is protected during the change, so he doesn't lose his job because Soapy Inc. was taken over.

Service provision changes

A service provision change occurs when a service moves from one provider to another. This could be the change of an external contractor, bringing a service in-house, or outsourcing a service that was originally done internally. TUPE protects the existing employer and enables the transfer of their role.

Example - Your business works from an office, which is cleaned by Soapy Inc. Your Soapy Inc. cleaner, Dave, does great work, but you're not happy with Soapy Inc. as a whole. You'd like to switch cleaning companies to Vivo Clean, but keep Dave, who also wants to continue his work at your office.

Through the TUPE process, Dave's existing pay, holiday, and other employment terms will be transferred over to his new employer, Vivo Clean, while he remains safe in his same position. You still receive Dave's great work, while also enjoying a better cleaning company managing the service. This is a case of TUPE protecting an employee during a service provision change.

Vivo Clean handles TUPE transfers with ease

If you're thinking of changing your cleaning providers to Vivo Clean and feeling overwhelmed at what's to come, don't worry - we'll handle everything. We're highly experienced at TUPE transfers and will manage the entire process for you, so you won't need to deal with the added work.

We take over the contract, automatically transfer your cleaner or cleaners to our employment, and ensure they're informed and consulted about the change. We fully comply with TUPE regulations to ensure fair treatment and a smooth transfer process, giving you peace of mind when it comes to your beloved cleaners (and peace of mind for them, too).

If you're interested in changing your commercial cleaning contract providers while keeping your current cleaners, don't hesitate to get in touch with our team. Call us on 01473 599 500 for a friendly chat today.

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