TUPE – What is it and what does it mean to your business?
Many businesses aren’t aware of the Transfer of Undertakings and Protection of Employment Act 2006 (TUPE) and what it means to them.
Normally associated with when a business is sold, TUPE also applies when a contract for service provisions within in a business (such as cleaning) is assigned to one company from another.
In a nutshell, TUPE is a piece of legislation which states that your existing cleaners will normally have the legal right to transfer to the new cleaning company you employ, even if you aren’t happy with the cleaners and that is why you are changing! It also gives cleaners the right to transfer to the new cleaning company under the same terms of their existing contract with the current cleaning company they work for.
Poor performance by cleaning operatives can happen due to a number of reasons, including poor management if the company have not been training their cleaners and offering support and regular site inspections. If not managed properly, it can be unfair to expect the performance of the cleaning operatives to improve.
We understand that on occasions clients are changing their cleaning contractor as they are not happy with the current cleaning operatives or company.
In the event that TUPE is ignored, cleaning operatives can claim unfair dismissal which can result in employment tribunals and large fines to all companies involved, with the cleaning operative also getting their previous position back. The average fine for an unfair dismissal claim is currently over £8,000 per employee!
At Green Fox we are very experienced with the TUPE process and have a dedicated HR and legal team. We will ensure that any transfer where TUPE applies is dealt with efficiently and effectively on a case by case basis, with no stress for you.
We have a strict policy on transfers and high standards of cleaning. If any cleaning operative fails to meet this standard then they will be subject to our disciplinary process.
If you aren’t happy with your current cleaning company or cleaners, give us a call on 02392 397199 and find out how we can help.
Portsmouth, Southsea, Waterlooville, Havant, Fareham, Portchester, Wickham, Gosport, Lee on the Solent, Hedge End, Titchfield, Hambledon, Whiteley, Hayling Island, Emsworth, Southbourne, Bishops Waltham, Chichester, Goodwood, East Wittering, West Wittering, Bognor Regis, Littlehampton, Brighton, Worthing, Southampton, Winchester, Eastleigh, Hamble, Lymington, Basingstoke, Fleet, Petersfield, Andover, Alton and surrounding areas.
Office opening hours: 08:30-17:00 Monday – Friday.
Location: 5 The Parkwood Centre, Waterlooville, Hampshire, PO7 7HT.