Contract cleaning services and TUPE - a case study to help SMEs make informed decisions

By HR Savvy

06 Feb 2018

A short case study by HR Savvy to help SMEs make informed decisions about contracted-in services.

Does your business outsource certain facilities management activities to third parties?

It is common practice that activities like contract cleaning and site security services are outsourced.

If your business outsources in this way, then the lessons in this case study are worthy of noting.

A longstanding client contacted HR Savvy with a query about a cleaner working for them on site from an outsourced provider.

The cleaners' performance, attitude and behaviours were not great. She had worked with them for 5 days a week for several years.

Rather than report this poor service to the cleaning company directly, our client had made an earlier decision to end the contract and source a new supplier. The intention being that this would be less confrontation and ‘nicer’ for the cleaner.

They were then surprised when the new supplier confirmed that the very same cleaner would be transferring to their employment under the TUPE (Transfer of Undertakings Protection of Employment) regulations and they would continue to have the same cleaner at their office.

Surely this can’t be right they asked?

We have changed suppliers to get rid of this cleaner so why do we still have to keep this same person?

We asked some questions. Was this cleaner assigned to you as their only or main client? Was the cleaners main activity to carry out cleaning for you on site? The answer to both was yes.

The client was surprised to learn that under the TUPE Regulations, where there is what is referred to as a "service provision change", the cleaner’s employment automatically transfers to the new provider.

The view that her performance is poor was irrelevant to the TUPE process and our suggestion was to raise the poor performance as an issue with the new provider and request that they should send another cleaner or manage the performance issue with their employee.

Key message

If you have a concern with a service provider and a member of their staff, don’t assume that changing provider will solve the problem. Instead raise the issues with the provider first, provide evidence where possible and tackle it head on.

TUPE is a particularly complex area of Employment Law and Nicola Scott our Employment Law Specialist is very experienced in TUPE.

If you think you may have an upcoming challenge that may have a TUPE risk associated with it, contact HR Savvy or book onto one of our monthly drop-in sessions for an initial conversation with Nicola.

Latest news

1

PNE sale moves forward after 'acceptable' offer Deepdalecomplete

PNE sale moves forward after 'acceptable' offer

18 Aug 2026

2

Brewer to buy city centre premises after 17 year journey from garage hobby Ryan Hayes Chain House Brewing

Brewer to buy city centre premises after 17 year journey from garage hobby

18 Aug 2026

3

New milestone for £10m Amounderness House project Ah Group Picture

New milestone for £10m Amounderness House project

18 Aug 2026

4

First of new Chinese electric vehicle showrooms to open in Lancashire Processed B9612b99 D7d4 4baf Be0e Bf84dbc87c2e

First of new Chinese electric vehicle showrooms to open in Lancashire

17 Aug 2026

5

Family business: Growing through the generations 3generations Who Currently Work In The Business Steve Dad Hannahdaughter And Gracegrandaughtermoorings

Family business: Growing through the generations

17 Aug 2026

Blackburn College (July-Aug 26)
Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV130 September/October Magazine Networking Event
LBV130 Magazine Launch Social720No Text 17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2QS

08:30 - 10:30

Built Environment Conference 2026
BEC26 WW Logo720 24 Sep 2026

Built Environment Conference 2026

EG On The Move, Waterside Head Office, Blackburn, BB1 2FA

08:30 - 13:00

Sub36 Awards 2026
Sub36 WW Logo720 16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa, Chorley, PR7 5LP

18:30 - 00:30

LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Finding, Getting and Keeping The Right People - FREE Workshop
LBV Website Events Graphic Action Coach 1 20 Aug 2026

Finding, Getting and Keeping The Right People - FREE Workshop

The Wellsprings, Bolton, BL1 1SB

09:00 - 11:30

U35 Networking
Lancaster And Morecambe Logo 1 25 Aug 2026

U35 Networking

The Royal Hotel & Bar, Lancaster, LA1 1YD

17:30 - 19:00

Build Your Business To Sell It - Even If You Aren't Planning To Sell - FREE Workshop
LBV Website Events GraphicAction Coach 2 27 Aug 2026

Build Your Business To Sell It - Even If You Aren't Planning To Sell - FREE Workshop

The Wellsprings, Bolton, BL1 1SB

09:00 - 11:30

Preston Freelancer Meet-Up: August
LBV Website Events GraphicFreelancer Meet Up 27 Aug 2026

Preston Freelancer Meet-Up: August

Society1, Preston, PR1 3LT

10:00 - 12:00

Chamber Breakfast Networking – September
Lancaster And Morecambe Logo 1 03 Sep 2026

Chamber Breakfast Networking – September

Soul Bowl, Morecambe, LA4 4BU

08:00 - 10:00

Mediation in the workplace: a practical guide to resolving conflict
LBV Website Events GraphicMediation In The Workplace 08 Sep 2026

Mediation in the workplace: a practical guide to resolving conflict

Online, Preston, PR1 3JG

12:00 - 12:45

Preston Tech Connection Hot Takes
LBV Website Events GraphicHot Takes In Tech 09 Sep 2026

Preston Tech Connection Hot Takes

Society1, Preston, PR1 3LT

18:00 - 19:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV129 Online Graphic
Subscribe now

Weekly news bulletin