How Does TUPE Apply to the Commercial Cleaning Industry?
TUPE is government legislation that was created to protect the rights of employees. In the cleaning sector, this legislation applies when a client changes cleaning companies or outsources their cleaning. If you are interested in finding out more about how TUPE applies to the commercial cleaning industry and what it means for your business, read on to learn more.
There are two types of TUPE regulation:
- Business Transfer
- Service Provision Change
Business transfer refers to the transfer of an economic entity. This means that TUPE applies when several employees are transferred from one business to another to perform the same job for the same clients.
Service provision change refers to a situation in which a piece of work is reallocated. An example would be when an activity, such as cleaning provided by a team at Wixted Cleaning Limited, is outsourced to a contractor and therefore no longer exists as a job role within the organisation.
The same legislation applies when cleaning that was carried out by a contractor is brought back in-house.
How does TUPE apply to the commercial cleaning industry?
TUPE regulations protect and benefit employees, in this instance, cleaners. This is because their new contractor is legally obliged to offer them the same cleaning position under the same terms and conditions of their previous company.
This means, in simple terms, that if you have a cleaner cleaning your office premises, they may have a legal right to stay in that role, even if you decide to change cleaning company.
All of this depends on if the cleaner is employed mainly or wholly via contract at your office, for example.
It is also important to note that whether the cleaner is directly employed by you or through another company, TUPE will still apply.
Once the employees are successfully transferred, they must be given written proof of their new employer, their start date since transferred to this employer as well as the date of their continuous service. TUPE regulations also protect employees by making it legally unfair to dismiss cleaners with two or more years of service when the reason for dismissal stems from the transfer.
Contractors, and cleaners, must legally comply with TUPE legislation otherwise they could face tribunal fines of up to £10,000 per employee.
Overview on TUPE
If you are looking to change your cleaning provider, you should remember to consider TUPE for the protection of employee rights and conditions.
TUPE is a piece of legislature that cannot be ignored. There is no way around it, and it must be adhered to where necessary. At Wixted Cleaning, we ensure that we work to comply with TUPE professionally and exceptionally at all times.
Whilst TUPE regulations and cleaning contracts can seem overwhelming, a high-quality commercial cleaning company, like Wixted Cleaning, should be able to manage the transfer process efficiently.
Since 2002, we have maintained a record growth and now have a client base of over 80 companies, employing over 150 people. We are a highly skilled organisation that delivers tailored contract cleaning services on a regional basis.
To ensure clients’ needs are met, we have put in place a Client Care System that helps to maintain regular contact and feedback.
Contact us today
To find out about how Wixted Cleaning can help you with your cleaning contracts and TUPE regulations, contact us today. Or, call us on 01525 406926 for a free quote and for more information on the types of service we can provide.