It is a fairly common situation: “I have a cleaning company in charge of cleaning my offices. I am unhappy with the work that the people who come to clean do and the cleaning company do nothing to solve it”.
A change of Cleaning Company doesn’t necessarily involve a change of cleaners
In that case, the solution is to change the cleaning company. But you have to consider that it does not imply that the people who come to clean are others, at least not necessarily. Why? Because the law establishes its employees may be protected under the Transfer of Undertakings (Protection of Employment) regulations – TUPE.
What should I do as an employer?
If your business is affected by TUPE, you must get expert advice from someone who knows the law. They can help you through the process step-by-step.
Under TUPE law, we must transfer the contracts of employees in total. It means all their terms of employment have to remain the same, from pensions to holiday entitlement and everything in-between.
It is your responsibility to consult with employees, offering TUPE advice and guidance and a written notice on affected staff and their contracts. Failure to meet the demands of the TUPE law can leave your business open to expensive and time-consuming tribunal claims.
Are you considering a change of cleaning company?
Employees transfer means that if I change cleaning company, the cleaning employees will keep their jobs, becoming part of the staff of the new cleaning company. The transfer occurs in most cases, usually the only exception being the employee’s resignation.
Suppose we want to have a good cleaning service, even knowing that the people who are going to come to clean will be the same. In that case, we must look for a change of cleaning company and find one that meets the following requirements:
- They must effectively supervise their employees. In many cases, poor results in cleaning services are not attributable to the cleaners but to a company that does not manage them. In other words, a company is necessary to train workers, get involved in their work, accompany them, motivate them, and get the best out of them.
- If the supervision is not sufficient (that is, in the case of wildly conflicting workers), we need our new cleaning company to commit to replacing that person with a new employee. It does not mean going against the law or your rights as a transferred worker. The regulations allow actions such as the transfer to another client or the employee’s dismissal based on the inadequate performance of their work.
In conclusion, we must be aware of the existence of the TUPE law and what it implies; broadly, the change of cleaning company does not entail the replacement of the cleaners. But we must trust those cleaning companies to guarantee that these employees will develop a satisfactory service or their replacement where appropriate.
TUPE Process explained
TUPE (The Transfer of Undertakings (Protection of Employment) Regulations) process is a set of laws in the UK and EU that protect the rights of employees when a business or undertaking is transferred from one owner to another. The TUPE process is the process by which these regulations are applied when a transfer of ownership occurs.
When a business or undertaking is transferred, TUPE ensures that the employees of the transferred business automatically become employees of the new owner, and that their terms and conditions of employment are protected. This includes their pay, working hours, and any other benefits or rights they were entitled to under their original contract of employment.
The TUPE process typically involves several steps, including:
- Identification of the transferring employees and the terms and conditions of their employment.
- Notification of the transfer and the impact on the employees to the representatives of the transferring employees, such as trade unions.
- Consultation with the representatives of the transferring employees to discuss the impact of the transfer on the employees and to try to reach an agreement on any changes to the terms and conditions of their employment.
- Implementation of the transfer, including any necessary changes to the terms and conditions of employment of the transferring employees.
- Monitoring and review of the transfer to ensure compliance with TUPE and to address any issues that arise.
It’s important to note that TUPE applies only to employees and not to the contracts, assets or liabilities of the transferred business.
For more information about our commercial cleaning services in Bristol & Cardiff, disinfection services, price lists, and availability, please do not hesitate to call us on 08005200063 or fill out our contact form.