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You Won the Contract. You Also Just Inherited Someone Else’s Staff

17 September 2026 · 7 min read

Winning a cleaning contract that had an incumbent supplier feels like a straightforward win right up until the paperwork arrives. If the site had a cleaning company on it before you, and the work you’re taking over is essentially the same job with the same staff doing it, TUPE, the Transfer of Undertakings (Protection of Employment) Regulations, almost certainly applies. That means the previous provider’s cleaners transfer to you automatically, on their existing pay, hours, and continuous service, whether or not you budgeted for that when you priced the bid.

None of this makes winning the contract a bad outcome. It does mean a chunk of due diligence needs to happen before you sign, not after, because the obligations attach the moment the transfer completes, not when you get around to reading the fine print.

What actually transfers, and what doesn’t

Staff transfer with their existing terms intact: pay rate, contracted hours, accrued holiday, and continuous length of service, which matters for redundancy and statutory entitlement calculations later. What doesn’t automatically transfer is the outgoing employer’s culture, their informal arrangements, or any verbal promises made outside the written contract, though those tend to surface as grievances soon after the transfer if they’re not addressed. You inherit the legal terms, not necessarily every practice that grew up around them.

Check this before you bid, not after you win

A lot of the risk in a TUPE transfer is avoidable simply by asking for the right information early enough to price it into the bid.

28 days
Typical minimum notice for Employee Liability Information before transfer
2 yrs
Disciplinary and grievance history the outgoing employer must disclose
£0
What you can legally save by cutting inherited staff pay on day one
  1. 1Ask whether TUPE applies before you finalise the bid priceIf there’s an incumbent provider on the same or substantially similar work, assume it does until confirmed otherwise, and price accordingly.
  2. 2Request Employee Liability Information formallyYou’re entitled to pay, hours, continuous service, and disciplinary history for transferring staff. A late or incomplete response is a warning sign worth raising before the transfer date.
  3. 3Map inherited pay rates against your own staff on comparable workRunning two pay structures side by side, even temporarily, needs to be budgeted for, not discovered after you’ve already won.
  4. 4Plan onboarding for staff who didn’t choose to join youTransferring staff didn’t apply to work for your company, they were moved. A deliberate first-week introduction reduces the early attrition that often follows a transfer.
  5. 5Get legal sign-off on any planned changes to termsChanges connected to the transfer, even reasonable-sounding ones, carry real challenge risk in the months immediately after.

Why the staff side of this matters as much as the legal side

Transferred staff arrive with no say in the change and often little information about who you are as an employer. That’s a retention risk from day one, and it compounds the same issues covered in why your best cleaner just quit, and it probably wasn’t about pay, except here you’re starting the relationship already behind. Getting payroll right immediately matters more than usual too, inherited pay structures and hours are exactly the kind of detail that causes the disputes described in the “how many hours did you actually work” conversation if the transfer isn’t recorded accurately from the first payslip. The same due diligence that now applies to vetting and DBS checks on new commercial contracts is worth applying to transferring staff too, don’t assume the outgoing employer’s checks were current or complete.

You didn’t hire this team. You inherited them, on their terms, and how you treat that first month decides whether you keep them.

Frequently asked questions

How do I know if TUPE applies to a contract I’m bidding for?

If there’s an existing cleaning provider on site whose contract you’d be replacing, and the work itself is continuing largely unchanged, TUPE almost certainly applies. It’s triggered by the nature of the transfer, an organised group of staff dedicated to that contract moving from one employer to another, not by whether either party wanted it to. Ask the outgoing client for written confirmation of TUPE status before you finalise your bid, not after you’ve won it.

Can I just offer the incoming staff different, cheaper terms?

No, not on day one. TUPE requires you to honour the transferring staff’s existing terms and conditions, including pay, hours, and continuous service, at the point of transfer. Changing terms shortly afterwards, especially if it looks connected to the transfer itself, is exactly the kind of move that gets challenged and can end up costing far more than the saving was worth.

What information am I actually entitled to before the contract starts?

Employee Liability Information: names, ages, terms and conditions, disciplinary and grievance history for the past two years, and details of any ongoing claims. The outgoing employer is legally required to provide this, usually at least 28 days before the transfer. If it arrives late, incomplete, or clearly rushed, that’s worth flagging before you commit resource to onboarding staff you don’t yet have full visibility on.

What happens if the pay rates I’m inheriting don’t match my own staff on comparable contracts?

You’ll likely be running two different pay structures side by side for the same type of work, at least initially, which is awkward but legally unavoidable at the point of transfer. Plan for it in your bid pricing rather than discovering it after you’ve already priced the contract assuming your standard rates would apply.

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01The DBS Question Every Commercial Client Asks: Why “I’ll Send It Over” Isn’t Good Enough Anymore7 min read02Why Your Best Cleaner Just Quit (And It Probably Wasn’t About Pay)6 min read03Getting a Cleaner’s Holiday Pay Wrong Is Easier Than You’d Think7 min read04What a Facilities Manager Actually Compares Between Two Office Cleaning Quotes6 min read

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