TUPE: Protecting People While Keeping Business Moving

After many years in the cleaning sector, I can confidently say that TUPE – the Transfer of Undertakings (Protection of Employment) Regulations – is one of the most talked-about, and often misunderstood, aspects of our industry. For those who don’t know what TUPE is, it’s when one company takes over a contract but keeps the incumbent staff.

At Mrs Buckét, I’ve had my fair share of TUPE experiences, where contracts move between providers. It can feel daunting, but when handled properly, TUPE is not an obstacle to good business – it’s a safeguard for people and a stabiliser for clients.

Cleaning is a sector where outsourcing, re-tendering and insourcing are part of everyday life. Contracts change hands regularly, and TUPE plays a critical role in making sure those changes don’t come at the expense of employees or service continuity. At its heart, TUPE is simple: it’s about protecting people when a service transfers. Staff who spend most of their working time on a particular site or contract usually transfer with it, and both the outgoing and incoming providers have a duty to consult and communicate properly.

For clients, this protection brings reassurance. Even though the provider changes, the same colleagues are often still on site, bringing with them invaluable knowledge of the building, the routines and the people they support. That continuity matters, especially in environments like schools, offices and public buildings, where cleaning is essential but often invisible until it isn’t done well.

From an employer’s perspective, TUPE can work incredibly well. It offers job security for colleagues, removes the temptation for providers to undercut contracts by slashing terms and conditions, and creates a clear framework that defines everyone’s responsibilities. When followed properly, it levels the playing field and encourages competition based on quality, not corner-cutting.

That said, anyone who claims TUPE is straightforward hasn’t spent much time in the detail. The challenges are real, and in cleaning they’re often amplified by the way contracts evolve over time. One of the biggest issues we see is a gap between what a client thinks they’re buying and what’s actually being delivered. Hours creep up, duties change, and informal arrangements become “the way we’ve always done it”. These realities often only come to light during the TUPE process – or worse, after the transfer has already taken place.

Record keeping is another frequent stumbling block. Local agreements, undocumented changes and historic tweaks can be difficult to track, yet they have very real implications for both cost and employee relations. Add pensions into the mix, and things become even more complex. While pensions aren’t usually covered by TUPE, there are exceptions. In school contracts, for example, colleagues may retain their Local Government Pension Scheme even when the provider isn’t the local authority – something many clients are unaware of, and something that requires a rigorous compliance process from the incoming employer.

Beyond the technicalities, we also have to remember the human impact. Even with legal protections in place, change creates uncertainty. Colleagues worry about new systems, new expectations and whether they’ll still feel valued. Cultural clashes can happen when two providers operate very differently, and staff who were comfortable under one employer can struggle under another.

In my experience, the difference between TUPE working well and TUPE going wrong almost always comes down to communication and empathy. When both providers engage early, share accurate information and communicate openly with colleagues, the transfer can be remarkably smooth. Employees feel respected and supported, clients barely notice the change, and the new provider starts the contract on solid ground.

Strong onboarding is also vital. At Mrs Buckét, we see TUPE as an opportunity for a fresh start. Transferring colleagues go through our bespoke Cleaning Academy, where they’re introduced to our values and vision, trained on equipment, supported with health and safety, and given the time and space to settle in. That investment pays dividends in morale, performance and retention.

When things go wrong, the warning signs are familiar: hidden local agreements emerging after transfer, misaligned expectations about hours and scope, or a poor cultural fit that leaves colleagues disengaged. These situations create tension, unexpected costs and, most importantly, unhappy people.

So, what makes the biggest difference? Honest, early and open communication between all parties. Accurate and transparent employee information – not best guesses. Industry-specific TUPE expertise, because cleaning contracts are rarely as simple as they look on paper. And above all, empathy. Behind every set of hours is a real person who deserves clarity and respect.

TUPE doesn’t need to be feared. When done well, it protects people, keeps services running and gives clients confidence. In a fast-moving sector like cleaning, getting that balance right is what turns a legal process into a smooth, respectful transition – and that’s good for everyone involved.