The Transfer of Undertakings Protection of Employment Regulations, 

What is TUPE?

The Transfer of Undertakings Protection of Employment Regulations, TUPE protects employees’ terms and conditions of employment when a business/contract is transferred from one company to another. Employees of the previous company, when the contract changes hands, automatically become employees of the new company on the same terms and conditions.

It is comparable to the employment contracts originally being made with the new contractor. Their continuity of service and any other rights are all preserved. Both old and new employers/contractors are required to inform and consult employees affected directly or indirectly by the transfer.

One of the key changes being proposed is the removal of the requirement for transfers (exiting contractor) to provide Employee Liability Information to transferees (incoming contractor) at least 14 days before the transfer, but allowing the parties to negotiate arrangements for transferring information themselves. This change means that it is even more important for buyers to ensure that any service provision contract contains terms and conditions which include a requirement to provide TUPE information within a time frame that suits their regime. 

    Many buyers and those overseeing the operation of contracted in cleaning services often feel that TUPE legislation restricts their ability to change/improve cleaning efficiencies and standards. All too often, we hear the comment that one or more of the cleaners is under performing, but they have to transfer, so what’s the point in changing the cleaning contractor. We have often found over the years that it is a lack of good management which causes these issues, Key Support Services is a management driven contract provider meaning quality and the continuous improvement of our services is always at the forefront of everything we do, this includes our training & management software such as smart task. 

    The service operators conducting the cleaning are the most important asset in any service provision. They are the individuals who provide the service, and are the key to achieving the standards desired. Therefore with any change of contractor there must be a focus on assessing the incoming service providers’ intentions on evaluating the capabilities, motivation and training of the operators. Key Support Services' train all of our staff to exceptionally high standards to ensure our core company values of consistent, high quality daily cleaning is always met. We operate with clear and effective management processes which will evaluate, monitor and improve our service operators performances.