What is TUPE?
Under UK law, TUPE stands for ‘Transfer of Undertakings (Protection of Employment) Regulations’ and is designed to protect employees when there is a change of circumstances in their employment; such as when the business they work for is sold or their employment is otherwise transferred to another party.
In the cleaning industry, transfer under TUPE can be a common occurrence when a contract is outsourced or awarded to a new contractor upon re-tender.
The 3 main aims of the TUPE regulations are:
- To ensure employees are not dismissed from their job either before or after the transfer.
- To ensure the most important terms and conditions (Such as working hours, hourly rate, sick pay etc.) of an employee’s contract are retained.
- To ensure that employees affected are informed and consulted by representatives of the new business.
If an employee’s job is transferred under the TUPE regulations to another employer, that employee has the legal right to transfer to the new employer whilst keeping the same terms and conditions of their original contract of employment.
Similarly, employees can refuse to transfer under TUPE (or “opt-out”), but in some circumstances, this will involve surrendering their rights under TUPE.
For an employee, there are usually several advantages to transferring under TUPE. Most beneficial of which is that it offers stability whilst also keeping unemployment in the cleaning industry low. It is not just our cleaners that benefit from TUPE but also our clients; Transfer of Undertakings allows for retention of core skills and site specific knowledge, even if a new contractor is appointed.
At Julius Rutherfoord, we are always happy to welcome any TUPE staff into the Julius Rutherfoord team. However, all TUPE staff must go through the same rigorous training and 4 stage vetting procedure as any new staff member. Julius Rutherfoord’s industry leading security vetting procedures ensure that all employees have the legal right to work in the UK and pose no threat to your business.
If TUPE staff pass this security process, just like any other Julius Rutherfoord cleaner, they must re-train with us through our BICSc-accredited training programme to guarantee they are up to our award-winning standards of cleaning. This training continues throughout their career at least every 6 months to ensure they are aware of the latest legislation, and cleaning techniques.
Changes are permitted within the TUPE regulations under justifiable economic, technical or operational reasons. In circumstances where the client wished to make significant changes within the TUPE framework, Julius Rutherfoord have extensive experienced at managing TUPE to meet the client’s requirements.