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Not happy with your Cleaner?

19/07/2016

You engage a cleaner through a cleaning company to clean your premises but despite making numerous complaints to the cleaning company that the cleaner is not doing a good job, no improvement is seen.  So what do you do? - You serve notice on the cleaning company and look for another cleaning company to provide you with better cleaning services. Simple!

I regularly get calls from clients describing the above scenario, but it never is as straightforward as it may seem! 

In circumstances where a new cleaning company takes over the activities from another cleaning company, then the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) will apply, as this will amount to a service provision change. This means that the current cleaner will have an automatic right to have their employment transferred to the new cleaning company and become an employee of that company. Under the TUPE regulations the cleaner will transfer on their current terms of employment and will maintain their continuity of employment - as if their contract had originally be made with the new cleaning company.

The technicalities of the TUPE process should be dealt with between the two cleaning companies and all you need to do is provide the contact details of the new cleaning company to the old cleaning company. You would only need to be involved, if you decided to take the cleaning services in-house (i.e. employ a cleaner directly).

So despite changing cleaning companies, you will still have the same cleaner!  Although, you do have the option to ask for a new cleaner and the new cleaning company will have to find your old cleaner new work.

For help and advice on TUPE, you can contact Fiona on fiona@practical-hr.co.uk


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