When changing cleaning providers, there is a little process called TUPE. But many businesses are not quite sure what TUPE is or what it does. Here we do a bit of jargon busting and tell you what you need to know about the TUPE process.
So, what is TUPE?
TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations 2006.
What does TUPE do?
TUPE is a government legislation that was designed in 2006 to protect employee’s rights, pay rates and hours, Ts and Cs, and continuous service when an employer changes in a service contract.
How does this apply to the commercial cleaning industry?
Many businesses will look to change provider whether that is to do with costs or service given and in the cleaning sector TUPE applies when a business decides to change – either by outsourcing they’re cleaning or bringing the cleaning in-house.
Are there different types of TUPE?
Yes. There are two types of TUPE. One is Business Transfer and the other is Service Provision Change.
Business transfer is the transference of an economic entity. In simple terms, TUPE applies to a number of employees that are transferred from one business to another with the aim of doing the same job for the same clients.
Service Provision is a situation where a piece of work has been reassigned. It can be when a specific activity such as cleaning is outsourced to a contract and the job role no longer exists within the business, or through a change in contractors
The same applies in situations where an activity that used to be carried out by a contractor is brought in-house.
So, what happens if TUPE applies?
When TUPE is applied, the cleaning staff will be informed:
- That they will be transferred to the new cleaning company
- That their employee rights are protected,
- Of their date of transfer
The outgoing cleaning company sends employees contract details to the new cleaning company who contact the cleaners to discuss their transfer.
What happens next?
When the process of changing cleaning contractors begins, employees can either decide to transfer or decline.
If the cleaner does decide to transfer to the new cleaning provider, their employment transfers over on the date the new cleaning providers contract begins.
If the cleaner doesn’t want to transfer over to the new cleaning provider, their employment will come to an end as if they have resigned without notice.
But what if I don’t want to take my cleaner with me?
Although some businesses looking to change cleaning provider look at this legislation as an inconvenience if their previous cleaners are substandard, we often find that when they come over to A&R Cleaning Services, we see standards improve through better training, structure and management.
From secondary schools to large offices, we at A&R Cleaning Services have a successful track record of contracts where cleaning staff have been TUPE’d over to our company.
If you still wish to change your cleaners, you usually have two choices:
- You can take on the cleaners under TUPE and manage their performance. If you find that the cleaners are under-performing, you can follow disciplinary procedures to dismiss them. However, this process may take a few weeks.
- You can instruct A&R Cleaning Services to ban them from site. Although this process is quicker, it may incur additional costs depending on their length of service.
A&R Cleaning Services can provide professional cleaning services to businesses in Cardiff, Newport, Swansea, South Wales and the South West. To find out more about how we can help you with your cleaning and make the transfer of cleaning staff smooth and seamless, get in touch with us on 01656 713950 or visit our website.