Changing your cleaning contractor: what happens to the staff
When a cleaning contract moves to a new contractor, the staff who do the work may transfer to the new employer under TUPE. GOV.UK and Acas explain how it works, and this page covers what to check before you give notice.
- A few quick questions
- A written quote
- No obligation
TUPE stands for the Transfer of Undertakings (Protection of Employment) regulations. According to GOV.UK, a service such as cleaning being awarded to a new contractor can count as a service provision change, and that is covered.
What the rules say about cleaning staff
GOV.UK says TUPE covers employees of businesses in the UK, whatever the size of the business.
A service provision change includes:
- a service such as cleaning being awarded to a contractor
- a contract ending and going to a new contractor
- work being brought back in-house
Where it applies, jobs usually transfer to the new employer, with their terms and conditions and continuity of employment.
This is general information, not legal advice.
Ways a cleaning contract can change hands
Move to a new contractor
The current contract ends and a different firm takes the work on.
- A fresh start with a firm that suits your premises
- You can set out what you need from the beginning
- Staff may transfer, so check how TUPE applies
- You need to read your contract before acting
Bring cleaning in-house
You employ cleaners directly instead of using a contractor.
- Direct control over who cleans and when
- GOV.UK lists work coming back in-house as a service provision change
- You take on the staff and the management of them
Short, one-off clean instead
A single event or short-term task rather than a contract.
- Simple to arrange
- GOV.UK says single events and short-term tasks are not covered by TUPE
- Not a replacement for regular cleaning
Get a quote from us
Tell us about your premises and we price a contract around them.
- A written quote before any work starts
- A cleaning contract built around your premises and hours
- No obligation to go ahead
What to do before you give notice
Step 1
Read your contract
Find the notice period and any terms about ending the agreement, and follow them as written.
Step 2
Find out who does the work
Ask your current contractor which staff are clearly assigned to your premises.
Step 3
Note what has gone wrong
Write down missed visits and standards that slipped, so the new contractor knows what you need.
Step 4
Get advice if unsure
If you are unsure whether TUPE applies, ask Acas, Citizens Advice or a trade union representative.
Step 5
Compare written quotes
Ask each contractor to put what they will do, and when, in writing.
What to ask a new contractor
- How do they handle staff who may transfer?
- Will the cleaning be planned around your working hours?
- What exactly is covered in each visit?
- Is everything in the quote in writing?
- How will they deal with problems if a visit goes wrong?
- Is there any obligation before you agree?
Common questions about changing contractor
Does TUPE apply to small businesses?
GOV.UK says TUPE covers employees of businesses in the UK, whatever the size of the business.
Do all cleaners transfer?
Not necessarily. GOV.UK says only employees clearly identified as providing the transferred service are protected.
Is a one-off clean covered?
GOV.UK says contracts for a single event or short-term task are not covered by TUPE.
Who can tell me if TUPE applies to us?
Acas, Citizens Advice or a trade union representative can advise on whether TUPE applies to a particular transfer.
Where we work
Bristol and the areas around it. Every postcode listed is in our area.
Boundaries: Office for National Statistics (OGL v3.0). Contains OS data © Crown copyright and database right 2024.
Want it sorted for you?
Tell us what's going on and we'll price the job.
- A few quick questions
- A written quote
- No obligation