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TUPE: The Positives

posted 27/02/2018 - 17:49

When the current version of the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) appeared in 2006 it is fair to say it was not greeted with unalloyed joy by the majority of employers affected.

The business model of companies that use the contract cleaning industry meant that it was directly affected every time a contract was awarded to a new company. Some companies still see it as an unnecessary encumbrance, and it has been viewed as a barrier to re-tendering. The more enlightened contractors, however, amongst them TemcoUK Facility Services, view TUPE as an opportunity.

Scope for change

“A common misconception about TUPE is that it restricts flexibility and operational change,” points out Andrew Philpot, TemcoUK’s Managing Director. “Professional management and systems can deliver significant improvements and there is invariably a great deal of scope in how staff can be more advantageously deployed.”

“That said, we avoid springing surprises on staff. TUPE gives us early consultative access which enables us to put a stop to the negativity of the rumour mill early in the proceedings.” He adds, “It is understandably a very unsettling time for staff so it is important for them to be reassured and genuinely engaged so we consult all the way.”


Andrew emphasises that this is the first stage of building trust with staff – trust that will instantly disappear if the employer promises only good things then springs changes on them. Sometimes unwelcome news is unavoidable but it is vital to be straightforward about it.

“There are positive aspects for the staff too. No one likes to be working on a failing contract, so this is their opportunity to be part of the team that gets it right. It is often easier to talk to the new incumbent so we encourage and welcome feedback from staff – their perspective is critical and can help us to identify issues that need addressing at an early stage.”

Positive change

 “The vast majority of our staff have transferred to us under the terms of TUPE,” says Andrew, “ And we find that if staff are consulted, treated with respect, then given the best equipment and training, it is genuinely possible to have a dramatic effect on a contract, creating indisputable positive change for the client.”

About TemcoUK Facility Services

Since 2001 Temco has been operating in the UK in a wide range of environments, from servicing the meticulous demands of medical clean rooms to daily office cleaning in commercial and industrial environments in both private and public sectors.

Combining professional standards with flexible management structures, the company prides itself on offering consistently high results alongside outstanding client service.  Based in west London, TemcoUK Facility Services employs over 450 staff with a turnover in excess of £5m.


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