The Staff You Inherit: TUPE and the Commercial Cleaning Contract You Haven't Priced Yet

You win a regular office clean. The client is happy, the start date is set, and you have already worked out the margin. Then someone mentions that the current cleaner has been on site for eleven years and is employed by the outgoing contractor. That is the moment TUPE stops being an acronym you skimmed past and becomes a line in your budget.

What TUPE is doing in a cleaning contract

The Transfer of Undertakings (Protection of Employment) Regulations 2006 are not new, but they still catch plenty of first-time cleaning owners off guard. In simple terms, when a cleaning contract changes hands, the employees who work on that contract can transfer automatically to the new employer. It is not a negotiation and it is not a fresh start. Their pay, holiday entitlement, continuity of service and existing terms generally come with them.

This is usually a service provision change. The client switches contractors, brings the clean in-house, or outsources a job that was previously done by direct staff. If there is an organised group of people doing the work and the activities stay broadly the same, TUPE can apply. The fact that you never interviewed these cleaners, never issued them a contract and never put them on your payroll does not make the issue disappear.

It also works the other way. If you lose a contract, your staff may transfer to the incoming cleaner. That can be a relief or a shock, depending on how prepared you are.

The trigger is not always obvious

Not every commercial clean brings TUPE with it. A one-off deep clean of an empty unit is a different animal from a weekly office contract with a named cleaner and a fixed rota. The more regular and organised the work, the more likely it is that a service provision change is in play.

Ask early whether the client has employed cleaners directly or used a contractor. Find out whether there is a named team, regular hours and a site-based routine. If the answer is yes to most of that, assume TUPE is possible until someone with proper employment knowledge tells you otherwise. Genuinely self-employed cleaners are not employees, but labelling someone self-employed does not automatically make it true. If the outgoing setup looks like disguised employment, get advice rather than pricing on hope.

Before you sign: questions with teeth

A commercial quote built without staffing information is a guess with a logo on it. Before you commit to a start date, ask the client and the outgoing contractor for written answers. Employee liability information should be provided at least 28 days before the transfer in most cases, and it should not be treated as optional paperwork.

You want to know:

• Names, roles, hours and sites for anyone assigned to the contract
• Gross pay, allowances, overtime and how often those extras are paid
• Holiday entitlement and any accrued holiday not yet taken
• Length of continuous service for each person
• Pension arrangements, including auto-enrolment
• Sick pay, maternity and paternity arrangements, and any flexible working agreements
• Any live disciplinary, grievance or tribunal issues
• Training, DBS checks or site-specific requirements
• Agency workers on site, even if they are not TUPE employees
• Collective agreements or union recognition that may affect terms

Do not accept a vague assurance that it is all straightforward. Ask who confirmed the data and keep the paper trail. A warranty from the client is helpful, but it is not a substitute for doing your own maths.

Pricing the wage bill you did not plan for

Here is where the quote often falls apart. You may have priced the job using a self-employed cleaner at a rate that looked competitive. Then you discover the inherited cleaner is on PAYE with employer National Insurance, pension contributions, paid holiday, sick pay and eleven years of service behind them.

That length of service matters. It affects notice periods and any future redundancy cost. Holiday entitlement may be 28 days pro rata, including bank holidays, and some of it may already be booked. If the contract starts in December, you could be inheriting a holiday liability before you have sent your first invoice.

With the April 2026 wage uplift still fresh in many cleaning owners' minds, there is no room for lazy hourly rates. Build the real cost into the quote: pay, employer on-costs, holiday cover, training, uniforms, supervision, payroll admin and a sensible margin. If the numbers only work because you assumed you could move inherited staff onto cheaper terms, they do not work. Changing terms after a TUPE transfer is a legal minefield, even when the business reason feels obvious to you.

The handover is more than a set of keys

Once the contract is yours, do not leave the staff handover until the first morning. Make contact before day one, confirm rotas and holiday bookings, and check right-to-work documents. Set up payroll and pensions early. If there are employee representatives, consult them properly. TUPE is not just a form to file; it is a conversation with people whose jobs are changing employer.

Inherited staff can be an asset. They know the building, the quirks and the client's expectations. But they will also notice if you arrive unprepared and treat them like a problem rather than a team.

If you were the cleaner left behind

Losing a contract is unsettling, especially if you have worked on the same site for years. If the work moves to a new contractor, TUPE may mean you should transfer to them. Do not resign in frustration before you understand your position. Ask whether TUPE applies, request the reasons in writing, and keep records of your hours, pay and length of service.

If your employer says there is no transfer, get independent advice. ACAS can explain your options, and an employment solicitor can tell you whether you have a claim. Redundancy pay, notice and consultation rights can depend on your age and continuous service. Never sign a settlement agreement on the spot because someone is waving a pen at you.

The quote that survives contact with reality

Add TUPE questions to your quoting checklist alongside access arrangements and consumables. If the answers are vague, either price the risk or walk away. A commercial contract can be a brilliant foundation for a cleaning business, but only when you know whose wage bill you are actually taking on.