TUPE Regulations and Office Cleaning Contracts
If you are considering switching cleaning contractors in Essex or Suffolk, understanding TUPE regulations is essential.
This guide explains how TUPE applies to office cleaning contracts, what happens during a cleaning contract transfer, and what both clients and contractors need to know.
Please note: this article provides general guidance only. TUPE is complex legislation and professional legal advice should always be sought.
What is TUPE?
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) protects employees when a service contract transfers from one provider to another. In commercial cleaning, this usually applies when:
- A client switches from one cleaning contractor to another
- Cleaning services are brought in-house
- A cleaning contract is outsourced
Under TUPE, employees assigned wholly or mainly to that contract automatically transfer to the new contractor (the “transferee”) on their existing terms and condition, including pay, length of service, and holiday entitlement. TUPE was originally introduced in 1981, replaced by TUPE 2006, and updated in 2014.
When Does TUPE Apply to Office Cleaning Contracts?
TUPE usually applies where:
- The cleaning service continues in a similar form
- There is a clear service provision change
- Staff are mainly assigned to that contract
For example:
- A business in Colchester changes cleaning providers
- A GP surgery switches commercial cleaning contractors
- A school brings its cleaning service in-house
If those employees work primarily at that site, they are likely to transfer under TUPE.
The TUPE Process – Step by Step
Before the Transfer
At quotation stage, it’s important to assess potential employment liabilities.
The outgoing employer may not immediately provide detailed employment information, as they must protect confidential employee data. However, understanding:
- Number of staff
- Hours worked
- Rates of pay
- Length of service
… will help you assess financial risk and pricing.
Within your company, you should:
- Appoint a TUPE lead
- Identify actual and potential employment liabilities
- Establish communication channels for consultation
Preparing for the Transfer
Once you are awarded the contract, the outgoing employer must provide Employee Liability Information (ELI) at least 28 days before transfer. This includes:
- Employee identities
- Age
- Employment terms
- Disciplinary and grievance records (last two years)
- Collective agreements
- Any outstanding legal claims
The information must be accurate and up to date. In addition to this, incoming contractors often carry out due diligence. While not legally required under TUPE, this is essential for risk assessment and responsible pricing. Due diligence helps determine:
- True employment cost
- Holiday liabilities
- Potential disputes
- Operational risks
After the Transfer
Once the transfer takes place, your responsibility shifts to integration and management. Employees should:
- Understand your company policies
- Receive induction and training
- Be introduced to management support
- Have clarity on duties and expectations
Strong management at this stage is critical.
At Peak Commercial Cleaning, we prioritise:
- Structured onboarding
- Clear supervision
- Regular audits
- Open communication
This ensures a smooth transition for both client and staff.
Can Cleaning Standards Be Improved Under TUPE?
One of the biggest myths around TUPE is that standards cannot be improved. This is incorrect. While you cannot change contractual terms without a valid reason, you can absolutely:
- Improve training
- Strengthen supervision
- Introduce structured audits
- Implement better systems
- Provide improved equipment and chemicals
In many cases, poor cleaning standards are not caused by staff performance, but by a lack of management, training and accountability from the previous contractor. With the right systems in place, standards can improve significantly, without breaching TUPE regulations. If performance issues remain after support and retraining, your normal disciplinary procedures can be followed in line with employment law.
Switching Cleaning Contractors with Confidence
TUPE should not be seen as a barrier to improving your cleaning service.
Handled correctly, it protects staff while allowing clients to:
- Raise standards
- Improve accountability
- Introduce structured management
- Gain better value
At Peak Commercial Cleaning, we manage TUPE transfers professionally and compliantly, ensuring a smooth transition for both clients and employees across Essex and Suffolk.
If you’re considering changing cleaning contractors and would like guidance on TUPE and the transfer process, contact our team today.
