Contracts & compliance
TUPE and cleaning contracts: what transfers, when, and who does what
A cleaning supplier change can fall within TUPE when the service and organised employee grouping meet the legal conditions. Where it applies, assigned employees normally transfer with protected terms and continuity of employment. Establish the position before tender award and obtain employment advice for disputed assignments or proposed changes.
When a cleaning supplier change can fall within TUPE
TUPE covers 'service provision changes' — where a service is moved from one contractor to another, or brought in-house, and there is an organised group of employees whose principal purpose is carrying out that service for that client.
Do not assume that a supplier change automatically triggers TUPE or avoids it. Check the organised grouping, the work being transferred and whether the activities remain substantially the same. Mobile teams and changes in scope need particular attention.
Who actually transfers
Assignment to the organised grouping matters; working at a site alone does not settle every case. Consider the employee’s duties and allocation of work. Mobile operatives, supervisors and shared teams may need a more detailed assessment by the employers and their advisers.
Disputes are usually about mobile staff, recently added employees, and long-term absentees. Ask for the assignment evidence — rotas, timesheets, site records — rather than accepting a list at face value.
Employee liability information (ELI)
The outgoing supplier must give the incoming supplier written employee liability information at least 28 days before the transfer. Late or incomplete ELI is a common source of mobilisation chaos and can be pursued at tribunal.
- Identity and age of each transferring employee
- Written particulars of employment (terms, pay, hours)
- Disciplinary and grievance records from the previous two years
- Any legal actions brought in the previous two years
- Collective agreements that apply
Consultation and timings
Both suppliers must inform, and where measures are proposed consult, appropriate representatives of affected employees. There is no fixed minimum period in a service provision change, but it must happen long enough before the transfer to be meaningful.
Build the assessment, information exchange and any consultation into the mobilisation plan before setting a transfer date. Do not treat a generic two-week or three-week schedule as sufficient for every contract.
What the client should do
You are not the employer, but the transfer happens on your premises and a badly run one lands in your reception. Require both suppliers to confirm the TUPE position in writing before you award, and make the ELI deadline a contractual milestone.
Ask the incoming supplier what happens to pay rates. Terms transfer, so a supplier promising a much lower price on the same staff is either cutting hours or planning post-transfer changes that carry legal risk.
Harmonising terms after a transfer
Changes made because of the transfer are generally restricted, with limited exceptions. Do not assume transferred terms can simply be harmonised with the incoming supplier’s workforce. Obtain advice on the reason for a proposed change and the applicable rules.
This guide is general information, not legal advice — take employment law advice on any specific transfer.
Frequently asked questions
Does TUPE apply to cleaning contracts?
It can apply to a cleaning supplier change where the legal conditions are met. Assess the organised grouping, employee assignment and continuity of activities before deciding the position; do not assume every contract change qualifies.
Can we avoid TUPE by changing the specification?
Changing wording or making minor scope adjustments does not reliably settle the position. Whether the activities remain substantially the same and whether the other conditions are met requires a case-specific assessment.
How long before the transfer must employee information be provided?
Employee liability information must be provided to the incoming supplier at least 28 days before the transfer date.
Do transferring cleaners keep their pay and holiday entitlement?
Yes. Terms, pay, continuous service and accrued holiday transfer across. Changes connected to the transfer are generally void.
Who is responsible for consulting the staff?
Both suppliers have duties: the outgoing employer informs and consults its affected employees, and the incoming supplier must supply details of any measures it plans.
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