TUPE and Cleaning Contracts in Ireland: What You Need to Know (2026)

What Is TUPE?

TUPE — Transfer of Undertakings (Protection of Employment) — is the legal framework that protects employees when the business they work for, or the service contract they are assigned to, transfers from one employer to another. In Ireland, TUPE is governed by the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003), which implements EU Acquired Rights Directive 2001/23/EC.

The regulations exist to prevent employers from using contract changes as a mechanism to dismiss staff, reduce pay, or downgrade terms and conditions. They are particularly relevant to the cleaning industry because cleaning contracts regularly change hands — the average commercial cleaning contract in Ireland is retendered every 3 to 5 years.

For procurement teams, facilities managers, and business owners, understanding TUPE is essential when switching cleaning provider. Getting it wrong can result in unfair dismissal claims, Workplace Relations Commission complaints, and significant financial penalties. Getting it right protects both the cleaning staff and the client.

When Does TUPE Apply to Cleaning Contracts?

TUPE applies when there is a “relevant transfer” — the transfer of an economic entity that retains its identity. In the context of cleaning contracts, a relevant transfer occurs when:

• A client switches from one cleaning company (Company A) to another (Company B)
• The cleaning service continues at the same location
• The scope of the work is substantially the same
• The cleaning staff assigned to the site constitute an identifiable group

The Workplace Relations Commission and the Irish Labour Court have consistently held that a change of cleaning contractor satisfies the “economic entity” test. The activity (cleaning a specific building) is an economic entity. The entity retains its identity (same building, same tasks, same staff in many cases). Therefore, TUPE applies.

TUPE does not apply when:

• The client brings cleaning in-house (there is no transfer to another employer)
• The new contract is fundamentally different in scope (e.g., the previous contract was daily office cleaning and the new contract is weekly industrial cleaning)
• The cleaning staff are not “assigned” to the contract (e.g., they work across multiple sites with no dedicated assignment to the transferring site)

What Transfers with the Employees?

Under TUPE, the following transfer from the outgoing employer to the incoming employer:

• Continuous service — The employee’s length of service carries over. If a cleaner has 5 years of service with Company A, they have 5 years of service with Company B from day one of the transfer.
• Pay and benefits — The employee’s rate of pay, overtime terms, shift premiums, and any contractual benefits (e.g., sick pay, bonus schemes) transfer unchanged.
• Holiday entitlement — Accrued but untaken holiday transfers. The incoming employer must honour it. The outgoing employer should settle the financial liability for accrued holiday as part of the transfer.
• Working hours and patterns — The employee’s contracted hours, shift patterns, and working arrangements transfer unchanged.
• Contract terms — All terms and conditions of the employment contract transfer, including notice periods, restrictive covenants, and grievance/disciplinary procedures.
• Outstanding claims — Any outstanding employment claims (e.g., injury at work, discrimination, unpaid wages) transfer to the incoming employer.

Obligations of the Outgoing Cleaning Company

The outgoing cleaning company (transferor) must:

1. Provide employee liability information — At least 30 days before the transfer, the outgoing employer must provide the incoming employer with written information about each transferring employee: name, date of birth, start date, job title, pay details, holiday entitlement and accrual, any outstanding disciplinary or grievance matters, and any outstanding employment claims.
2. Inform and consult employees — The outgoing employer must inform affected employees (or their representatives) about the transfer, the reasons for it, the legal, economic, and social implications, and any measures the outgoing employer envisages taking. Consultation must be “with a view to seeking agreement” on any measures affecting the employees.
3. Cooperate with the incoming employer — Provide access to staff records, facilitate introductions, and assist with the practical transition.

Obligations of the Incoming Cleaning Company

The incoming cleaning company (transferee) must:

1. Accept transferring staff on their existing terms and conditions. The incoming employer cannot offer “new starter” terms, reduced pay, or different hours as a condition of transfer.
2. Maintain terms and conditions — Terms cannot be changed solely because of the transfer. Changes to terms after the transfer must be for an “economic, technical, or organisational reason entailing changes in the workforce” (ETO reason) and must follow proper consultation and agreement procedures.
3. Not dismiss solely because of the transfer — Any dismissal connected to the transfer is automatically unfair unless there is an ETO reason.
4. Inform and consult — The incoming employer must also inform affected employees about the transfer and any measures they intend to take (e.g., changes to supervision arrangements, training, or uniforms).
5. Honour continuous service — For redundancy calculations, unfair dismissal rights, and service-based benefits, the employee’s service with the outgoing employer counts as service with the incoming employer.

What This Means for You as the Client

As the client switching cleaning provider, you are not directly a party to the TUPE transfer — that is between the outgoing and incoming cleaning companies. However, you have a practical role to play:

• Build TUPE into your tender process — When inviting new providers to quote, make it clear that TUPE will likely apply and that the incoming provider should factor TUPE-transferred staff into their pricing.
• Facilitate information exchange — You may need to encourage the outgoing provider to cooperate with the incoming provider on the employee liability information exchange. Some outgoing providers are reluctant — having the client facilitate helps.
• Allow adequate transition time — TUPE consultation requires time. Allow at least 30 days between the incoming provider being confirmed and the start date. Ideally, allow 6 to 8 weeks.
• Include TUPE provisions in your contract — Your cleaning contract should require the provider to comply with TUPE on exit, including providing employee liability information to any successor contractor within the required timescales.

For a practical guide to the full switching process, see our guide to switching cleaning provider. For guidance on building your cleaning specification, see our dedicated guide. For corporate procurement teams, TUPE awareness is essential for compliant tender processes.

Common TUPE Pitfalls in Cleaning Contracts

• The outgoing provider refuses to share information — This is a breach of their TUPE obligations. The client can apply pressure, and the incoming provider can seek a WRC intervention.
• The incoming provider tries to change terms — Changes to pay, hours, or terms solely because of the transfer are unlawful. Changes for genuine ETO reasons are permitted but must follow consultation.
• Staff are “dismissed and re-hired” — Some providers attempt to dismiss transferring staff and re-hire them on new terms. This is automatically unfair dismissal under TUPE.
• The “TUPE doesn’t apply” argument — Some cleaning companies claim TUPE does not apply to their specific situation. In the vast majority of cleaning contract changes, it does. Take legal advice if there is any doubt.
• Pension disputes — TUPE does not require the incoming employer to match the outgoing employer’s occupational pension scheme exactly, but they must provide comparable arrangements. This rarely causes issues in practice because most cleaning operatives are on PRSA or auto-enrolment schemes.

The WRC and Enforcement

TUPE disputes in Ireland are heard by the Workplace Relations Commission (WRC). Employees who believe their rights under TUPE have been breached can file a complaint with the WRC within 6 months of the transfer (extendable to 12 months in exceptional circumstances). The WRC can order reinstatement, re-engagement, or compensation of up to 2 years’ pay for unfair dismissal connected to a TUPE transfer. For failure to inform and consult, the WRC can award compensation of up to 4 weeks’ pay per affected employee.