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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49850
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We have just won a new cleaning contract for a company that

Customer Question

We have just won a new cleaning contract for a company that has just moved into a new office block. Therefore this s a new contract in a new premises. Do Tupe rules apply for the employees of the old cleaning company for the old building. That contract has expired and proper notice has been given
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me if you are a totally separate company

Ben Jones :

Hello can you please let me know if you are going to provide the same services as the outgoing contractor?

JACUSTOMER-g6zl1sdp- : We will be cleaning the new offices as they did the old but at different times of the day and covering more items. The client was not happy with the service they were receiving, hence we won the new contract
JACUSTOMER-g6zl1sdp- : It is worth noting that their contract had expired and proper notice was given to them. This is also a totally separate building.
Ben Jones :

TUPE is a piece of legislation which exists to protect employees' rights if the business in which they are employed changes hands. This could be because of a sale of the business, or because a new contractor takes over the services provided by their current employer. Examples include:

  • Simple sale of a business where the owner changes (note this only includes a sale of assets and goodwill and sales that involve the transfer of shares would not qualify)
  • Contracting out of a specific service, where the employer engages a contractor to carry out specific activities they have carried out up to now (the opposite, contracting in, would also be covered)
  • Change of contractors - where the services move across from one contractor to another

Your situation will potentially fall into the last category. To qualify for TUPE protection, the relevant activities must retain their identity after the transfer. It is implicit that the post-transfer activities must be identifiable as the pre-transfer activities for a service provision change to occur, although those activities may be carried out in a different way. It is likely that TUPE will apply because even though they have moved into new premises, they would have been employed to undertake cleaning services to their office location, and the mere change of office does not mean that the services themselves would change significantly r that there will be a substantial difference in the way they are performed to make them completely unconnected to the new service you will provide.