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

Lancashire to shine in national VisitEngland coastal campaign Coastal campaign at Lytham St Annes

Lancashire to shine in national VisitEngland coastal campaign

17 Feb 2026

2

Green light for Eden Morecambe 251219EPM BMSG Dunes

Green light for Eden Morecambe

16 Feb 2026

3

Burnley business leaders lobby government in Parliament Burnley Bondholders visit to Westminster

Burnley business leaders lobby government in Parliament

13 Feb 2026

4

Students learn about opportunities at third annual Lancashire Cyber Education Week Primary School students take part in a STEM workshop at BAE Systems.

Students learn about opportunities at third annual Lancashire Cyber Education Week

13 Feb 2026

5

Winners of Lancashire Tourism Awards 2026 announced

Winners of Lancashire Tourism Awards 2026 announced

12 Feb 2026

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
CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

The Ultimate Network – February
Logo.jpg.jpg
LBV Hub Networking
19 Feb 2026 - 19 Feb 2026

The Ultimate Network – February

Brockholes Nature Reserve, Samlesbury, PR5 0AG

16:00 - 18:00

Future Forward Business and Skills Summit
Future Forward Business & Skills Summit
LBV Hub Networking
20 Feb 2026

Future Forward Business and Skills Summit

Lancashire Energy HQ , Blackpool, FY4 2QS

08:00 - 11:00

Armed Forces Covenant Business Engagement
Logo.jpg.jpg
LBV Hub Seminars
24 Feb 2026 - 24 Feb 2026

Armed Forces Covenant Business Engagement

Morecambe Football Club, Morecambe, LA4 4TB

09:00 - 15:00

Preston Freelancer Meet-Up: February
LBV Hub Networking
26 Feb 2026 - 26 Feb 2026

Preston Freelancer Meet-Up: February

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

Spring Forecast 2026 LIVE: Insights with PM+M
Spring Forecas.jpg.jpg
LBV Hub Seminars
03 Mar 2026 - 03 Mar 2026

Spring Forecast 2026 LIVE: Insights with PM+M

Blackburn Rovers Football Club (Red Rose Suite), Ewood Park, Blackburn , BB2 4JF

12:00 - 15:00

Chamber Breakfast Networking – March
Logo.jpg.jpg
LBV Hub Networking
03 Mar 2026 - 03 Mar 2026

Chamber Breakfast Networking – March

The Storey, Lancaster, LA1 1TH

08:00 - 10:00

Lancashire Lifesavers
Logo.jpg.jpg
LBV Hub Networking
03 Mar 2026 - 03 Mar 2026

Lancashire Lifesavers

The Story, Lancaster, LA1 1TH

10:15 - 11:15

Your marketing measurement is useless
Event header.png.png
LBV Hub Seminars
04 Mar 2026 - 04 Mar 2026

Your marketing measurement is useless

Brockholes Nature Reserve, Preston, PR5 0AG

09:00 - 12:00

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
05 Mar 2026 - 27 Dec 2025

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

Payroll Update 2026 Samlesbury Hall
payroll.jpg.jpg
LBV Hub Seminars
06 Mar 2026 - 06 Mar 2026

Payroll Update 2026 Samlesbury Hall

Samlesbury Hall, Preston, PR5 0UP

08:00 - 10:00

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 LBV124 Online Graphic
Subscribe now

Weekly news bulletin