When a cleaning contract changes hands, TUPE 2006 almost always applies: the incumbent's cleaners transfer to the new provider on their existing terms. A change of cleaning contractor is a 'service provision change' — Acas's own textbook example is a company taking over an office-cleaning contract — so the people who know the building stay on it.
What TUPE is
TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246), which protect employees' rights when they transfer to a new employer. There are two types of transfer: a business transfer, and a 'service provision change'. Retendering a service like cleaning is normally a service provision change, so the staff assigned to that contract move across with it, keeping their terms and continuity of employment.
Why changing cleaning contractor triggers TUPE
Acas's own example of a service provision change is 'when another company takes over a contract for office cleaning' — so switching cleaning provider is the textbook case. For it to apply, the transferring staff must be an 'organised grouping of employees' whose principal purpose is carrying out the activities for that client. In practice, a dedicated cleaning team on a site almost always meets that test.
Employee Liability Information (ELI)
The outgoing provider must give Employee Liability Information to the incoming provider at least 28 days before the transfer. ELI must include each employee's name and age, their written statement of employment particulars, any disciplinary or grievance records or cases in the last two years, collective agreements, and any claims made or likely in the last two years. Failure to provide correct ELI can lead to compensation of at least £500 per employee.
Consultation and protected terms
Both employers must inform and consult trade-union or employee representatives about the transfer — that it is happening, when and why, its effects, and any reorganisation — and try to reach agreement. On transfer, terms and conditions carry over. Under Regulation 7, a dismissal is automatically unfair where the sole or principal reason is the transfer, unless it is a genuine economic, technical or organisational (ETO) reason entailing changes in the workforce.
How TUPE de-risks switching cleaning provider
The fear that stops buyers changing an underperforming cleaner is disruption. TUPE removes most of it: the people who know your building transfer with the contract, so the clean continues with familiar faces while the management and standard improve. On our contract mobilisation and TUPE service we run the consultation and ELI exchange and mobilise the site so nothing is dropped on day one. See also switching cleaning company.
TUPE when a cleaning contract changes hands
| Element | What it means | Timing / rule |
|---|---|---|
| Type of transfer | Service provision change (retendering cleaning) | Acas example: taking over an office-cleaning contract |
| Who transfers | The organised grouping of staff assigned to the contract | On their existing terms, with continuity preserved |
| Employee Liability Information | Names, ages, particulars, 2-year disciplinary/grievance, claims | At least 28 days before transfer; £500+/employee if missed |
| Consultation | Inform and consult employee/union representatives | Before the transfer; try to reach agreement |
| Dismissal protection | Transfer-related dismissal is automatically unfair | Unless a genuine ETO reason applies (Reg 7) |