Transfer of Undertakings (Protection of Employment) Regulations (TUPE) applies in many situations in facilities management where the in-house team is being transferred to a contractor or when outsourced staff are transferred to a new contracted after a retendering of those services. For example, when we win a contract to supply office cleaning services to an office building in Milton Keynes – this was usually mean transferring the current providers staff on that site to become our staff.
The legislation is based on the EC Acquired Rights Directive 2001. It concerns the rights of staff to the same terms and conditions of employment if they are still performing the same job. There are several issues to address in the application of these regulations:
The provision of information and consultation with employees is required. Sufficient time must be allowed for this process. During this period, there will be issues of loyalty and performance that may impact on the services to occupants in the premises.
What do you need to know when changing Cleaning Provider?
The impact TUPE has on the cost of cleaning is set by the stipulation that the employees’ terms and conditions of employment stays the same after the transfer to the new contractor, that is the same pay rates, holiday allowance and any other benefits. This removes much of the flexibility around costs of cleaning which is the main cost of the cleaning contract. Creating more value for the contract is our strategy.
In respect with the quality of the service, as the cleaning operatives are the key to achieve the expected standards, our focus is on the cleaning staff by evaluating, training and motivating the staff.
In most cases we find that the poor quality is a consequence of a poor management and supervision. If the cleaners are left with no guidance, no supervision and reviews they might not realize their work is under the expected standards.
Our solution to this problem is to implement a strong leadership and management program in place which will continuously evaluate, monitor and improve staff performance. Part of this program is induction to the cleaners of the Management Process – which defines what standards are expected, timelines for improvement and consequences of not meeting required standards. Also, a review of Cleaning Specification, Cleaning Procedures, Health and Safety and Method Statements, together with adequate support and providing the correct cleaning material and equipment to conduct the tasks.
So when you are looking to change cleaning provider ensure the new provider is primary focused on adding value, supporting and motivating the cleaning operatives.
The revised 2006 TUPE Regulations and the 2014 Regulations
On 31 January 2014, the new regulations on TUPE came into effect updating the 2006 regulations
A clarification on the face of the Regulations regarding the test for service provision changes, the activities carried out after the change in provider must be fundamentally the same as those carried out by the person who has ceased to carry them out before it.
Amendments to the provisions which give protection against dismissal and restrict changes to contracts: these protections will apply where the sole or principal reason for the dismissal or variation of employment contract is the transfer.
Amendments so that a change to the place where employees are employed can be within ‘changes in the workforce’. This is relevant to the dismissal protection and the protection against variations of contracts.
Exceptions to the general restriction on varying contracts of employment – so that terms incorporated from collective agreements can be varied when more than a year has passed since the transfer, provided that overall, the contract is no less favourable to the employee and – so that employers can make changes permitted by the terms of the contract, but in both cases, this is subject to the rules as to when a contract is effectively varied.
A provision so that in some circumstances, rights to terms and conditions provided for in collective agreements entered into after the date of the transfer are not transferred.
A provision allowing micro businesses to inform and consult employees directly when there are no existing appropriate representatives.
The usual deadline by which the old employer must supply the employee liability information to the new employer is increased from not less than 14 days before the transfer to not less than 28 days before the transfer.
Contact Tatry Group for a free on-site cleaning assessment
We would love to quote for your cleaning. It costs nothing and at the very least will allow you to see if you’re getting value for money. We will visit you and put together a full quotation document including references, testimonials, cleaning schedule, insurance details, risk assessments and a breakdown of cost.
If you would like to discuss your requirements further, please call us on 0800 411 86 71 or submit an online enquiry form.