Your cleaning contract is coming up for renewal.

Standards have slipped, communication is becoming difficult or you simply want to see what another provider could offer.

But there is one concern.

“What happens to the cleaners already working in our building?”

Perhaps some of them have worked there for years. You know them, they know your building and you do not necessarily want to lose them just because you are changing contractor.

This is where TUPE becomes important.

And while the name sounds complicated, changing cleaning provider does not have to mean starting again from scratch.

TUPE stands for the Transfer of Undertakings (Protection of Employment)Regulations.

In simple terms, it protects employees when the business or service they work within transfers from one employer to another.

For cleaning contracts, this can be particularly relevant when a service is outsourced, brought back in-house or when an existing cleaning contract is retendered and awarded to another company. ACAS specifically identifies cleaning as an example of a service where a service provider change can fall under TUPE.

It means changing the company managing your cleaning does not automatically mean replacing the people carrying it out.

Not automatically.

For a service provider change, there will usually need to be an organised grouping of employees carrying out the work for the client, and the work should remain mainly the same following the transfer. There is no minimum number of employees required. An organised grouping could even consist of one person.

Imagine you have three cleaners who work specifically at your office every evening.

You retender the contract and appoint another cleaning company to provide essentially the same service.

Those employees could potentially transfer to the incoming contractor under TUPE.

Whether TUPE applies will always depend on the circumstances, which is why it should be considered early rather than a few days before a new contract is due to begin.

Where TUPE applies, the employees' jobs will normally transfer to the incoming employer along with their existing terms and conditions and continuity of employment.

So someone who has cleaned your building for eight years does not suddenly become a brand new employee simply because you have appointed another cleaning company.

For the client, this can provide valuable continuity.

The same cleaner may already understand your alarm procedures, security arrangements, busiest areas, cleaning cupboards and those small details about a building that rarely make it onto a cleaning specification.

The management of the service changes, but valuable site knowledge can remain.

This is where having an incoming contractor that understands TUPE becomes important.

The outgoing and incoming employers both have responsibilities before the transfer. Affected employees must be informed about the transfer and consultation is required where relevant changes are proposed. The process should begin early enough to allow proper information and consultation before the transfer takes place.

There is also information that needs to pass between the two employers.

The outgoing employer must provide the incoming employer with Employee Liability Information, usually at least 28 days before the transfer.

For a well-managed cleaning mobilisation, TUPE therefore starts long before somebody arrives with a new uniform on day one.

Before taking responsibility for a transferring team, the incoming contractor needs to understand exactly what is transferring.

Employee Liability Information covers important employment details, and the incoming employer should check that the information supplied is complete and accurate.

There may also be proposed changes or measures that need to be communicated as part of the TUPE process. These could include changes to working practices such as pay dates or working patterns.

A responsible contractor should therefore be asking questions well before mobilisation day.

Who currently works on the contract? What are their hours? What terms transfer? Are there any existing employee matters? What communication needs to take place?

The paperwork may happen behind the scenes, but getting it right helps make the handover far smoother for everyone involved.

Another common misconception is that once a new contractor takes over, transferred employees can simply be moved onto the new company's standard contracts.

TUPE does not work like that.

There are legal protections around changing terms and conditions where the main reason for the change is the transfer itself. Certain changes can be possible, but the circumstances and reasons matter.

For a client, this is another reason why the cheapest quotation should not necessarily be the only consideration when changing provider.

You are not simply buying cleaning hours.

You are appointing a company that may also need to take responsibility for existing employees, employment obligations, communication, onboarding and the practical mobilisation of the contract.

Changing cleaning provider should improve the service without causing unnecessary disruption.

When TUPE applies, the outgoing and incoming employers manage much of the transfer process. What matters is choosing a contractor that understands those responsibilities.

At Merco, we focus on both the cleaning service and the people behind it, helping make the transition as smooth as possible.

Sometimes the cleaners stay the same. What changes is the support, management and service around them.

TUPE can be complex and will depend on the circumstances of each transfer. Current ACAS guidance or professional advice should be followed where required.