Hi, Our school is looking to change our contract cleaning contract from mornings to evenings for operational reasons and would like to know how does TUPE apply if I engage with a new contractor as our current contractor is very much underperforming. Thank you
Hi, and thanks for your comment.
TUPE usually applies to a change in contractor, though it isn’t uncommon for the change to be driven by unsatisfactory performance. Cleaning contractor companies are generally used to this situation, and it should form part of your discussions with prospective contractors. Ask how they deal with TUPE, and whether they take on poor-performing employees and then dismiss or performance manage them, or if they refuse to take on any employees from the outgoing contractor.
We would need to review the situation to advise, and assuming that TUPE applies, there are usually ways to mitigate the impact, including agreeing on terms about who pays to dismiss employees, and whether an incoming contractor can put the same employees on your sites, and so on.
Do get in touch if you’d like to arrange a time to discuss this in more detail.