TUPE and Outsourcing
Understand your rights when a cleaning contract changes hands or services are outsourced.
Is Your Cleaning Contract Changing Hands?
Cleaning contracts frequently change between companies, but that does not mean workers should lose their employment rights every time a new contractor takes over.
If your workplace is changing cleaning contractors, you may be protected by legislation known as TUPE.
Understanding these protections is essential to defending your job, wages and working conditions.
What Is TUPE and How Does It Protect You?
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) protect employees when certain businesses or services transfer to another employer.
Where TUPE applies, employees generally transfer automatically to the new employer while retaining important employment rights.
These protections include:
Job security: Your employment generally transfers to the incoming contractor without the need to apply for your job again.
Pay and working conditions: Your existing contractual terms generally transfer with you.
Continuous employment: Your length of service is preserved, even though your employer changes.
Protection against dismissal: Employers cannot lawfully dismiss employees simply because of a TUPE transfer, subject to specific legal exceptions.
Information and consultation: Employers must inform appropriate representatives about the transfer and consult where legally required.
TUPE may apply when cleaning services are outsourced, brought back in-house or transferred between contractors. However, not every contract change qualifies for TUPE protection.
Common Problems During TUPE Transfers
Cleaners and other outsourced workers can face uncertainty when a new contractor takes over.
Common problems include:
Proposed reductions in working hours or wages.
Pressure to sign new employment contracts.
Changes to shifts or working arrangements.
Threats of redundancy or dismissal.
Failure to provide information about the transfer.
A new contractor cannot simply disregard existing employment rights because it wants to reduce costs. However, some contractual changes and redundancies may be lawful in specific circumstances.
If you are facing these problems, seek advice before agreeing to changes to your employment.
Protect Your Rights with CAIWU
At CAIWU, we support members facing TUPE transfers, changes of cleaning contractors and threats to their employment conditions.
We help workers understand their rights, challenge potentially unlawful changes and organise collectively to protect their jobs and working conditions.
A change of contractor should not mean giving up your rights.
Join CAIWU and stand alongside workers organising to defend their jobs, wages and dignity at work.