TUPE and School Cleaning Contracts: A Practical Guide for Schools and Contractors
If you are reviewing or changing your school cleaning contractor, understanding TUPE (Transfer of Undertakings Protection of Employment) is essential. TUPE is often seen as complicated or restrictive. In reality, when managed properly, it protects staff, ensures continuity, and allows incoming contractors to raise standards quickly.
This guide explains what TUPE is, how it applies to school cleaning contracts, and how to manage the process effectively.
What is TUPE?
The Transfer of Undertakings (Protection of Employment) Regulations 2006 is UK legislation designed to protect employees when a service transfers from one provider to another.
In the context of school cleaning contracts, this means:
- Cleaning staff assigned to the school will usually transfer to the new contractor
- They keep their existing pay, hours, and employment terms
- Their employment continues without interruption
TUPE was introduced to ensure fairness for employees during contract changes, while maintaining service continuity for clients such as schools, academies, and trusts.
How TUPE Applies to School Cleaning Contracts
In most cases, TUPE applies where:
- Cleaning staff are wholly or mainly assigned to a specific school
- A contract moves from one cleaning company to another
- Or cleaning is brought in-house by the school or academy trust
If these conditions are met, the incoming contractor (known as the transferee) is legally required to take on those employees.
This is one of the most important considerations when pricing and mobilising a school cleaning contract.
The TUPE Process: Step-by-Step
A well-managed TUPE transfer follows a clear structure. Based on our experience across schools, healthcare sites, and commercial environments, the process can be broken down into four key stages.
1. Before the Contract is Awarded
At tender stage, you will not have full visibility of employee details. However, you should begin assessing potential risk.
Key actions:
- Appoint a TUPE lead within your business
- Estimate staffing based on current hours on site
- Identify potential employment liabilities
- Prepare a communication plan for consultation
It is normal at this stage that the outgoing contractor cannot share full employee data due to confidentiality.
2. Preparing for the Transfer
Once awarded the contract, the TUPE process becomes more structured and formal.
Key actions:
- Confirm which employees will transfer and agree the transfer date
- Request Employee Liability Information (ELI)
- Begin consultation with transferring staff
- Identify any operational “measures” (changes to processes, structure, etc.)
- Arrange meetings with staff before the transfer
Where access to staff is restricted, involve the client. Most school contracts include clauses requiring cooperation during TUPE.
3. Mobilisation and Day-One Readiness
A successful school cleaning contract depends on preparation before day one.
Key actions:
- Set up all equipment, chemicals, and cleaning systems
- Prepare site-specific cleaning specifications and schedules
- Deliver a structured induction programme
- Clearly define management structure and support channels
At Peak Commercial Cleaning, this stage is critical. Poor mobilisation is one of the biggest reasons cleaning standards fail after a contract change.
4. Post-Transfer Management
Once the transfer is complete, the focus shifts to performance, support, and improvement.
Key actions:
- Hold regular team meetings and check-ins
- Carry out monthly quality audits
- Provide ongoing training and supervision
- Monitor morale and performance
Strong management is what separates an average cleaning contract from a high-performing one.
Employee Liability Information (ELI) Explained
Under TUPE regulations, the outgoing contractor must provide key employee information at least 28 days before the transfer.
This includes:
- Employee identity and age
- Terms and conditions of employment
- Disciplinary and grievance records (last 2 years)
- Collective agreements
- Any ongoing claims
This information allows the incoming contractor to:
- Accurately price the contract
- Assess risk
- Plan staffing and management structure
Due Diligence in School Cleaning Contracts
Beyond ELI, professional contractors will carry out due diligence.
This may include:
- Reviewing cleaning specifications
- Assessing current standards
- Identifying gaps in management or supervision
- Understanding site challenges and expectations
Due diligence is not legally required, but it is essential if you want to avoid inheriting problems and underpricing the contract.
Can You Improve Cleaning Standards After TUPE?
Yes and this is where experienced contractors add real value.
A common misconception is that TUPE prevents improvement. In reality: TUPE protects employment terms, not poor standards
In most underperforming contracts, the issue is not the staff. It is:
- Lack of management
- No structured audits
- Poor training
- Incorrect equipment or chemicals
How to Improve Standards After a TUPE Transfer
The most effective approach includes:
- Structured retraining programmes
- Clear, site-specific cleaning standards
- Regular auditing and feedback loops
- Strong on-site supervision
At Peak Commercial Cleaning, we consistently improve sites by focusing on management systems, not just staffing.
When TUPE May Not Apply
There are some situations where TUPE may not apply, such as:
- Significant changes to the service
- No dedicated workforce assigned to the contract
- Short-term or one-off cleaning services
Because TUPE is complex, you should always seek legal or HR advice before making decisions.
Why TUPE Should Not Put You Off Switching Cleaning Contractors
TUPE is often seen as a barrier — but in reality, it is a framework that:
- Protects staff
- Ensures continuity
- Allows professional contractors to improve standards
With the right contractor, TUPE transfers are smooth, structured, and low-risk.
Speak to a TUPE-Experienced Cleaning Contractor
At Peak Commercial Cleaning, we have successfully managed TUPE transfers across:
- Schools and academies
- GP surgeries and healthcare sites
- Offices and multi-site contracts
We focus on structured mobilisation, strong management, and measurable quality standards from day one.
If you are considering changing your school cleaning contractor and want clear, practical advice on TUPE:
Contact us today to discuss your site and cleaning requirements.
