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TUPE and what does it actually mean ?

Updated: Nov 12, 2021

It can be a little confusing understanding the TUPE transfer system, however when you change your cleaning service to us here at Procare, we deal with everything making sure it's an easy transition for you and the cleaning operatives involved.

When a business changes service provider ie cleaning company, staff are protected under the Transfer of Undertakings (Protection of Employment) regulations (TUPE)

This is when :-

  • an in-house service (cleaning) is awarded to a contractor

  • a contract ends and is given to a new contractor

For example a cleaner is employed by a company that decides to use an outside cleaning company instead. They’re likely to be protected under TUPE and their employment terms & conditions transfer over and continuity of employment is maintained.

Under TUPE, the new employer takes over employees’ employment contracts, including:

  • all the previous terms and conditions of employment

  • holiday entitlement

  • an employee’s start date is the same as before the transfer, so continuous employment isn’t broken

Employees can refuse to work for the new employer. This is the same as resigning and notice isn’t required. The employee simply tells the employer, or the new employer, before the transfer happens and employment ends at the time of transfer.

The new employer cannot change an employee’s terms and conditions if the reason is the transfer itself, however they can improve the employees’ terms and conditions if they agree, for example, they might want to increase the amount of holiday.

An employer must provide the new employer with standard information about employees such as name, age and holiday entitlement.

Rest assured we will always keep you informed during the transition process and give clear advice about the next steps. We are highly experienced with TUPE procedures having been successful in the industry for 40 years and we look forward to helping you and your staff.


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