Getting ready for TUPE transfer in an independent school
01 March 2024 Category: Independent Schools Nviro News Schools, Academies and Trusts
Independent schools can sometimes be reluctant to outsource their cleaning. In many cases they have cleaning staff who they are loyal to and have served the school for many years.
In fact, outsourcing can create a clean, hygienic, and safe environment in which pupils thrive – and existing staff can be retained. As a Nviro colleague, they can enjoy the benefits of being part of a larger company, and school managers are spared the admin and HR headaches that can go with directly employing cleaning teams.
Often when outsourcing cleaning services for the first time, we take on an in-house team and provide them with all their existing rights under TUPE (Transfer of Undertakings and Protection of Employees).
You retain your trusted cleaners, while we add to their skillsets through training and give them better tools for the job.
So before you begin the process of outsourcing your school’s cleaning, here are five considerations to prepare you for TUPE.
1. When TUPE applies
TUPE can apply if activities carried out by your in-house cleaners are fundamentally the same as the activities carried out after the service change (by us, the outsourced team).
When Nviro takes on a new independent school cleaning contract our new customer’s existing cleaning team (whether employed or contracted) will be offered positions with the same terms and conditions. If you have had concerns about quality or training, for example, it will be our job to work with the team to improve things. We will provide a clear and effective management process with training and quality checks where needed to make sure you receive the quality of service an independent school requires.
2. Employee Liability Information
Before outsourcing your cleaning to us, we’ll ask for Employee Liability Information (ELI). This helps us to ensure we’re compliant with the employee’s terms and conditions post transfer and have all the appropriate information to be able to manage them effectively,
The information we request is the employee’s name and relevant personal information, terms of their employment, any disciplinary action taken against them and grievances raised in the last two years, information relating to any collective agreements and any legal action taken by the employee in the last two years.
Legally, we need this information 28 days prior to the transfer taking place. But the sooner we receive it the better, as it gives us more time to consult with the employee(s). Make sure to check with the employee and their manager to ensure both are clear and in agreement on the data provided.
3. Changing terms and conditions
In the event of a TUPE transfer, your employees are looked after. TUPE law prevents us, as the outsourced cleaning company, from changing employment contract terms and conditions.
The way changes can be made is if there is an economic, technical, or organisational reason (ETO), involving changes in the workforce. This could cover how the company is performing, the processes being used or the structure or management of the business or the new commercial contract.
We will make every effort to make the transition as smooth as possible, letting you and the employees know of any changes that will made as a result of the transfer, such as pay dates or holiday entitlement to align them with our business.
We will use the ELI that you provide us with to help put these measures together and identify any changes as a result of the transfer.
4. Informing and consultation
Before a TUPE transfer, by law both the old and new employers must inform and consult with a recognised trade union or employee representatives and the employees affected by the transfer.
We recommend this is done face-to-face, where possible. The cleaners need to know who they’re going to be working for and to see a collaborative approach between their old and new employer.
Where trade unions are not present and there are more than 10 employees affected by the transfer you would speak with an elected employee representative. Where there are less than 10 employees, you can consult directly with the employees.
This process involves telling your affected employees or their representatives the facts about the transfer and considering their views. This information, including when and why the transfer is happening and any economic, social or legal implications for the affected employees, should be provided in writing.
5. Meeting the cleaning team
Usually, we will meet with the employees affected by the transfer to support the consultations, as well as to collect the personal data that we require to employ them. In addition, we will meet with them to complete an induction and carry out training to ensure they are well-equipped to use our cleaning materials and equipment safely.
Post transfer we will maintain contact with your HR team to resolve any employment queries and ensure a smooth transition for the employees.
Nviro is a leading cleaning company specialising in education and the independent school sector. Visit our independent school page and find out how we support the unique challenges in this sector.
