Switching cleaning contractor sounds simple until someone asks the question that stops a procurement process in its tracks: “what happens to the cleaners who already work here?” In most cases the answer is TUPE — a piece of employment law that transfers the existing cleaning staff to the incoming provider. Handled well it protects continuity and standards; handled badly it derails a mobilisation. This guide explains what TUPE is, when it applies to cleaning contracts, and what a compliant handover should look like.
Quick answer: TUPE (the Transfer of Undertakings (Protection of Employment) Regulations 2006) usually applies when a cleaning contract moves to a new provider and the existing cleaning team transfers with it. The staff keep their existing terms, pay and continuous service, and the incoming contractor takes on their employment. For the client it means the people who already know the building carry on cleaning it, while the outgoing and incoming providers manage a lawful, documented handover.
What TUPE actually is
TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations 2006. Its purpose is to protect employees when the business or service they work in changes hands, so that a change of employer doesn’t mean a loss of their job or a downgrade of their terms. In the cleaning industry it comes up constantly, because contracts routinely move between providers while the same work continues at the same site. When that happens, the employees assigned to the contract can transfer automatically to the new provider on their existing terms — they are not made redundant and re-hired, they move across with their employment intact.
When does TUPE apply to a cleaning contract?
The situation most relevant to office cleaning is a “service provision change” — where a client stops using one cleaning contractor and appoints another to carry out essentially the same activities at the same premises. Because the service continues broadly unchanged, the staff assigned to it are protected. A few practical tests determine whether it applies:
- The activities carried out after the change are fundamentally the same as before
- There is an organised group of employees whose principal purpose is delivering that service
- The client remains the same before and after the change
- The service is not a one-off task of short-term duration
TUPE can apply when moving from an in-house cleaning team to an outsourced contractor, when switching between two contractors, or when bringing a contract back in-house. Whether it applies to your specific situation is a legal question that should be confirmed early — a good contractor will flag it during the tender rather than after award.
What transfers, and what’s protected
When TUPE applies, more than just the people move across. The incoming provider inherits a defined set of obligations, and understanding them prevents nasty surprises on both sides.
| Element | What happens under TUPE |
|---|---|
| Employment | Assigned staff transfer automatically to the new provider — no redundancy, no re-application |
| Terms & conditions | Existing pay, hours and contractual terms are preserved on transfer |
| Continuous service | Length of service carries over, protecting notice periods and other service-related rights |
| Liabilities | Certain existing liabilities (e.g. accrued holiday, outstanding claims) can pass to the new employer |
| Information & consultation | Both providers must inform and, where measures are proposed, consult affected employees or their representatives |
This is a general overview, not legal advice — the precise position on any transfer should be confirmed with an employment law specialist.
Why TUPE is good news for the client
It’s easy to see TUPE as an administrative hurdle, but for the client it usually works in your favour. The cleaners who transfer already know your building — where the stock is kept, which floors get busy, how the access and security work, and what “good” looks like on your site. That institutional knowledge is exactly what you’d otherwise lose in a change of provider. A compliant TUPE handover means you change contractor — gaining better management, supervision, reporting and accountability — without losing the continuity of familiar faces on the ground. The upgrade happens above the cleaner, in how the contract is run.
How a compliant handover should be managed
The mechanics of TUPE are where an experienced contractor earns their fee. The outgoing provider must supply employee liability information — details of the transferring staff, their terms and any relevant liabilities — within the statutory timescale before the transfer. The incoming provider reviews it, plans the transfer, and handles the information and consultation process with the affected employees. Done properly, this runs in parallel with the wider contract mobilisation, so day one under the new provider is seamless. Done poorly — late information, no consultation, unclear terms — it creates disputes, potential claims and a shaky start. This is why TUPE competence is a fair thing to test for when choosing a provider.
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Frequently asked questions
What is TUPE in cleaning contracts?
TUPE (the Transfer of Undertakings (Protection of Employment) Regulations 2006) protects employees when the service they work in transfers to a new employer. In cleaning, it usually applies when a contract moves to a new provider and the existing cleaning staff transfer with it, keeping their existing terms, pay and continuous service rather than being made redundant.
Does TUPE apply when we change cleaning provider?
Often, yes. Moving from one cleaning contractor to another to carry out essentially the same work at the same site is typically a “service provision change” covered by TUPE, so the assigned staff transfer. It can also apply when outsourcing an in-house team or bringing a contract back in-house. Whether it applies to your specific case should be confirmed early, ideally during the tender.
Do the cleaners keep their existing pay and terms?
Yes. When TUPE applies, transferring employees keep their existing terms and conditions, including pay and hours, and their continuous service carries over. The new provider takes on their employment on those terms rather than offering new contracts, and cannot simply reduce terms because of the transfer.
Is TUPE a problem for the client?
Usually the opposite. TUPE means the cleaners who already know your building continue to look after it, so you keep continuity and site knowledge while upgrading the management, supervision and accountability above them. A competent contractor manages the transfer so the change of provider is seamless for you.
What information is needed for a TUPE transfer?
The outgoing provider must supply employee liability information — details of the transferring staff, their terms and any relevant liabilities — within the statutory period before the transfer. The incoming provider uses this to plan the transfer and handle the required information and consultation with affected employees. Accurate, timely information is what keeps a handover compliant and smooth.
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