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

Blackburn snack firm lands Aldi listing after impressing on TV Cluster Club Aldi

Blackburn snack firm lands Aldi listing after impressing on TV

25 Apr 2024

2

Radio 2 music festival heading to Preston Richie Anderston At Moor Park

Radio 2 music festival heading to Preston

25 Apr 2024

3

Change of ownership at NRG Riverside as investor exits NRG Riverside

Change of ownership at NRG Riverside as investor exits

25 Apr 2024

4

Helen McVey marks 20 years of dedication at Pendleside Hospice Helen at the Pendle Witch Festival.jpg.jpg

Helen McVey marks 20 years of dedication at Pendleside Hospice

25 Apr 2024

5

County brings home four Educate North Awards UCLan Educate North 2024 Award Winners

County brings home four Educate North Awards

25 Apr 2024

Background image for hub sign up block

LBV Hub

Reach 50,000 members of the Lancashire business community

Post your news
Post your events
Post your offers
Company profile
Social reach
Magazine coverage
Sign-up
Events
Help to Grow Management Course
HTG2.png.png
LBV Hub Seminars
15 Apr 2024 - 17 Jul 2024

Help to Grow Management Course

Preston Campus , Preston , PR1 2HE

09:30 - 14:00

Business Networking in Preston- BNI Brunch
EVENT LISTING SIZING Brunch .png.png
LBV Hub Networking
26 Apr 2024

Business Networking in Preston- BNI Brunch

Samlesbury Preston Hotel, Preston New Road, Preston, PR5 0UL

09:30 - 11:00

Business Networking in Blackburn - BNI Infinity
EVENT LISTING BNI Infinity.png.png
LBV Hub Networking
26 Apr 2024

Business Networking in Blackburn - BNI Infinity

Hampton by Hilton, 2 Frontier Ave, Blackburn, BB1 3AL

06:30 - 08:30

Business Networking in Blackburn - BNI Vista
EVENT LISTING SIZING Vista.png.png
LBV Hub Networking
30 Apr 2024

Business Networking in Blackburn - BNI Vista

Hampton by Hilton, 2 Frontier Ave, Blackburn, BB1 3AL

06:45 - 08:30

Driving Energy Efficiency and Sustainability: Software Solutions for the Metal Industry
LBV Hub Webinar
30 Apr 2024 - 30 Apr 2024

Driving Energy Efficiency and Sustainability: Software Solutions for the Metal Industry

Online - Zoom, Blackpool, FY4 2FG

10:00 - 11:00

Business Networking in Chorley - BNI Endeavour
EVENT LISTING SIZING Endeavour.png.png
LBV Hub Networking
30 Apr 2024

Business Networking in Chorley - BNI Endeavour

Oak Royal, Bury Lane, Chorley, PR6 8SW

06:30 - 08:30

Business Networking in Lancaster - Eden Business Network
EVENT LISTING Eden Business Network.png.png
LBV Hub Networking
01 May 2024 - 01 May 2024

Business Networking in Lancaster - Eden Business Network

The Borough, 3 Dalton Square, Lancaster, LA1 1PP

18:30 - 20:30

Business Networking in Preston - BNI Diamond
EVENT LISTING BNI Diamond.png.png
LBV Hub Networking
01 May 2024

Business Networking in Preston - BNI Diamond

The Marriot Hotel, Garstang Road, Broughton, PR3 5JB

07:15 - 09:00

Business Networking in Accrington - BNI Zeus
EVENT LISTING SIZING Zeus.png.png
LBV Hub Networking
01 May 2024

Business Networking in Accrington - BNI Zeus

The Mill House, Corn Mill Yard, Accrington, BB5 5HX

06:45 - 08:30

FREE online event - 30 Minutes: How to decarbonise your business
BU 2024 Events2.jpg.jpg
LBV Hub Webinar
01 May 2024

FREE online event - 30 Minutes: How to decarbonise your business

Online, Blackpool , FY4 1EW

10:00 - 10:30

Business Networking in Lancaster - BNI Castle
EVENT LISTING BNI Castle.png.png
LBV Hub Networking
02 May 2024

Business Networking in Lancaster - BNI Castle

Vale of Lune RUFC, Powder House Lane, Lancaster, LA1 2TT

06:45 - 08:30

Business Networking in Burnley - BNI Kudos
EVENT LISTING BNI Kudos.png.png
LBV Hub Networking
02 May 2024 - 02 May 2024

Business Networking in Burnley - BNI Kudos

Prairie Sports Village, Windemere Avenue, Burnley, BB10 2FU

06:45 - 08:30

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 Lbv115 Online Graphic
Subscribe now

Weekly news bulletin