Last update: 4 July, 2021
A change of Cleaning Company doesn't necessarily involve a change of cleaners.
It is a fairly common situation: I have a cleaning company that is in charge of cleaning my offices. I am unhappy with the work that the people who come to clean do and the cleaning company itself do nothing to solve it.
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, it is crucial that you 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. This 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 along with 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 of 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 resignation of the employee himself.
Suppose we want to have a good cleaning service, even knowing that in all probability 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, to get involved in their work, to accompany them, to motivate them, and to get the best out of them.
If the supervision is not sufficient (that is, in the case of especially 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 change of the cleaners. But we must trust those cleaning companies to guarantee that these employees will develop a satisfactory service, or where appropriate, their replacement.
If you are considering a change of cleaning company, we are here to help.