You’ve decided it’s time to change cleaning providers. Maybe the cleaning standards have dropped, communication is poor, or the contract no longer suits your business. So, you bring in a new commercial cleaning company, expecting a fresh start.
But then… the same cleaners show up. Same faces, same routines, same issues. Sound familiar? This situation is more common than you might think, and it often happens because of TUPE.
Whether you’re a business owner, facilities manager, or site lead, this guide explains when TUPE in cleaning contracts applies, your responsibilities, and how to make the transition smooth and legally compliant.
What Is TUPE in Cleaning?
So, what is TUPE? It stands for the Transfer of Undertakings (Protection of Employment). It’s a UK law that protects employees when a service contract changes hands, like switching cleaning companies.
In most cases, if the cleaning work continues in the same way and at the same location, the existing cleaners legally transfer to the new provider with their current pay, terms, and conditions.
This regulation is designed to protect employees from unfair dismissal and sudden contract changes during outsourcing or contract handovers. For businesses, it’s essential to understand how TUPE works so you can plan ahead and avoid legal or operational issues when switching cleaning providers.
What TUPE Means for Your Cleaning Contract and Staff
When you switch cleaning providers, you might assume the new company will bring in a fresh team. But under UK law, things aren’t always that simple.
TUPE can affect more than just who shows up to clean, here’s what it means for your business:
- Who continues working on your site
Even if you hire a new cleaning company, the same cleaners may legally stay on the job, because their employment transfers to the new provider. That means you might not see a change in staff, even if you’re expecting one.
- Your ability to make changes
Under TUPE, it’s illegal to dismiss or replace staff just because of the contract change. If you do, you could face employment tribunals, compensation claims, or fines. Understanding TUPE helps protect your business from legal risk.
- The performance of your cleaning service
If the previous cleaners weren’t meeting your standards, TUPE can feel frustrating. But the new provider can still:
- Keep the team in place
- Set clear performance expectations
- Make lawful changes when necessary
This means that while you can’t swap them out immediately, you can still improve quality, if the provider handles TUPE professionally.
- The handover process
TUPE comes with strict rules and timelines. Employers must share employee info in advance, inform and consult staff and prepare a smooth handover. If the process is rushed or ignored all together, it can disrupt business, damage morale, and increase legal risk.
- Your business reputation and compliance
Following TUPE shows that your business (and your chosen cleaning contractor) is:
- Legally compliant
- Ethically responsible
- Professional in how it handles staff
This is not only for your peace of mind, but also important for HR policies, internal accountability, and audits.
When Does TUPE Apply in Cleaning Contracts?
TUPE often applies in UK cleaning contracts where regular staff are working under a long-term agreement. While it doesn’t apply in every case, it usually does when ongoing cleaning work is handed over to a new provider and the service itself stays largely the same.
Here’s a simple guide to help you understand when TUPE is likely to apply if you’re changing cleaning providers.
TUPE usually applies if:
- You’re changing cleaning companies, but the job stays the same.
- The cleaners worked mostly at your site before.
- You’re still getting regular cleaning.
For example: You stop working with one company and hire a new one to clean your office every day. TUPE applies, in this situation the cleaners may stay, just with a new employer.
TUPE usually does not apply if:
- It’s a one-off job.
- The new service is completely different.
- The cleaners were not based at your site regularly.
What Happens to the Cleaners Under TUPE?
- They keep their job, just with a new employer.
- Their pay, hours, holiday entitlement, and length of service stay the same.
- They continue working at the same site, doing the same tasks as before.
What the new cleaning company can’t do:
- They can’t dismiss the cleaners just because the cleaning contract changed hands.
- They can’t change their pay or hours right away.
This is the law, it’s designed to protect workers when contracts change hands.
What the new company CAN do:
- Give the staff training and support
- Set clear standards and expectations.
- Manage performance if needed, the same way they would with their own staff.
Can I Change or Dismiss Staff After a TUPE Transfer?
This is a common concern for businesses switching cleaning companies, especially when they feel stuck with underperforming staff. And the answer is: not straight away, and only for the right reasons.
You cannot dismiss cleaners just because you’re unhappy they’ve been transferred, or replace them with your own team, or change their hours or pay without a valid reason. That would break the law, and could lead to an employment tribunal and compensation claims.
However, you can take action but only if there’s a valid business reason.
- The role is genuinely no longer needed
- You’re restructuring or reducing staff for operational reasons
This is called an “economic, technical or organisational reason” (often shortened to ETO). But even then, you must follow a proper process, like consultation and notice periods.
What if performance is poor?
If a cleaner’s work isn’t up to standard, the right management and support can often turn things around. The new company can give clear expectations, provide training and support and use their normal HR process. TUPE doesn’t prevent change, it just ensures it’s done fairly and legally.
TUPE Responsibilities in Cleaning Contracts: What You, the Old, and New Provider Must Do
If TUPE applies, both the old and new cleaning companies have legal responsibilities. The goal is to make the handover smooth and fair for everyone, especially the cleaners. With proper planning, the transfer can run smoothly, and service quality can still improve.
The old cleaning company must inform staff that the contract is changing hands and give the new company a list of employee details at least 28 days before the transfer. This includes:
- Names
- Pay
- Holiday entitlement
- Disciplinary records
- Any known grievances or legal claims
This is called “Employee Liability Information”, and it helps the new company plan properly.
The new cleaning company:
- Must accept the transferring cleaners, keeping their current terms and conditions.
- Should review all the information and prepare properly (e.g. schedule inductions, organise uniforms, check right to work).
- Must consult staff if they plan to make any changes, like working hours or job roles.
Your role as the client (the business):
As the client, you’re not the employer but it helps to stay informed, allow time for a proper handover, and choose a cleaning company that understands how to manage TUPE properly.
Need Help Managing a TUPE Cleaning Transfer?
At Magic Broom Cleaning Ltd, we’ve managed many TUPE transfers over the years, so we understand how frustrating it can be when you’re expecting a fresh start, but the same team remains on site.
We follow the proper process from day one, and we work closely with Peninsula HR Support to make sure everything’s done by the book. That means no surprises, no shortcuts, just a smooth, professional handover.
If performance is a concern, we won’t ignore it. We have systems in place to support staff, raise standards, and take action if needed, always fairly and in line with employment law.
As a medium-sized, hands-on cleaning company, we’re proud of how we turn things around on-site and keep standards high.
If you have any other questions about TUPE, feel free to get in touch. We’ll be happy to guide you through the process.
