What is a TUPE transfer in facilities management, and why does it matter?
A TUPE transfer in facilities management is when employees move from one employer to another because an FM contract has changed hands. The Transfer of Undertakings (Protection of Employment) Regulations 2006 governs this process and protects staff rights during outsourcing, insourcing, or provider changes. TUPE helps keep teams in place and services running smoothly, even when the company delivering them changes.
What Do We Cover In This Article?
Why TUPE Matters So Much in Facilities Management
In facilities management, service contracts often change due to procurement cycles, performance reviews, or cost pressures. TUPE keeps experienced site teams in place during these transitions. For example, a security or cleaning contract might change hands, but the team remains the same and simply reports to a new employer.
This consistency helps reduce operational risk and maintain service quality. Without employment continuity under TUPE, each contract change could result in disruption, confusion, or employee turnover. Poor handling of the TUPE process can lead to knowledge loss, compliance failures, and a breakdown in site-level delivery.
What TUPE Means in Facilities Management (And When It Applies)
TUPE applies when a business or service activity transfers to a new provider, and the employees linked to that work move with it. In FM, this happens during contract retenders, outsourcing arrangements, or when services are brought back in-house, also known as insourcing FM contracts.
There are two main types of TUPE transfers:
- A business transfer, where a business or part of it is sold.
- A service provision change, where an ongoing contract such as maintenance or catering moves to another supplier.
TUPE only applies if the employees are assigned to the service and the work stays broadly the same. If the contract’s scope or delivery model changes significantly, TUPE might not apply. This makes contract scope reviews essential during procurement.
Pro Tip: Start TUPE planning before the contract is signed, not after.
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Why TUPE Transfers Are So Common in FM Contracts
TUPE is frequent in FM due to the way the sector operates:
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Competitive tendering is standard across many contracts.
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Fixed-term agreements mean contracts are regularly re-awarded.
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Frontline employees often stay on-site and continue delivering services even when providers change.
These conditions mean workforce continuity is essential. TUPE enables that by allowing employment transfer without loss of rights. Managing workforce continuity ensures minimal impact on service users.
Who Is Responsible for What During an FM TUPE Transfer
Clarifying each party’s role is essential to a smooth TUPE handover:
Outgoing Provider
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Supplies accurate Employee Liability Information.
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Participates in staff consultation.
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Cooperates with the incoming provider.
Incoming Provider
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Reviews the Employee Liability Information and plans resources accordingly.
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Carries out employee consultation.
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Sets up onboarding and site logistics.
Client Organisation
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Oversees the handover from a contractual standpoint.
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Supports collaboration between both providers.
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Ensures the timeline aligns with operational needs.
Handover responsibilities should be clearly documented to prevent any confusion.
What Happens to Staff During a TUPE Transfer in FM
TUPE protects team member continuity. Their job, pay, working hours, and length of service transfer to the new provider. On the surface, little may change, but understandably, there can be uncertainty.
Employees might wonder whether shift patterns, supervision, or uniforms will change. Open communication is crucial. Managing workforce concerns early supports smoother transition planning and helps maintain morale.
Understanding ‘Measures’ in an FM Context
Measures refer to any planned changes the incoming employer wants to introduce. Under TUPE, these must be clearly explained to employees during consultation.
Typical FM examples include:
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Revised shift rotas.
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New uniforms.
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Updated supervision structures.
Even if core terms remain unchanged, how changes are communicated matters. Poor TUPE-related communication strategies can lead to disengagement. Transparency supports smoother change management and builds trust with employees.
Pro Tip: Never assume staff know what’s happening, clarity builds trust and performance.
How TUPE Affects FM Service Continuity and Performance
A well-managed TUPE process supports seamless FM service delivery. Transferred employees already understand site layout, equipment, and client expectations. Their experience helps maintain service standards.
When the process is poorly handled, it may lead to knowledge loss, low morale, or delays in service delivery. This can impact SLAs, KPIs, and client satisfaction. Risk mitigation during TUPE helps protect operational integrity.
TUPE influences operational outcomes and should not be seen only as an HR procedure.
The FM Mobilisation Period: Before, During, and After Transfer Day
Successful TUPE mobilisation requires attention across three phases:
Before Transfer Day
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Request and review Employee Liability Information.
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Consult with staff.
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Finalise onboarding, site access, and operational preparation.
Transfer Day
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Transfer employment records.
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Confirm that IT systems, uniforms, and access arrangements are ready.
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Ensure team leads are briefed and available on-site.
First 30–90 Days
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Monitor team performance and wellbeing.
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Address early issues quickly.
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Provide role-specific training as required.
Strong transition planning ensures both staff experience and service continuity remain stable.
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Common TUPE Mistakes in Facilities Management (And How to Avoid Them)
Avoiding common missteps helps ensure smoother provider transitions:
- Do not treat TUPE as just a legal step. Staff engagement is critical.
- Share Employee Liability Information early, with accurate detail.
- Value site-specific knowledge and relationships within existing teams.
FM provider transition risks can be reduced with clear planning and consistent messaging. Strong HR handover protocols in FM are vital.
What Good TUPE Management Looks Like in Facilities Services
Well-managed TUPE transfers are marked by the following traits:
- Early planning between all parties.
- Open communication with staff.
- Respectful handling of team feedback.
Clear roles, honest dialogue, and on-site support build confidence. TUPE best practice improves operational performance and enhances the employee experience.
Key Questions to Ask When Switching FM Providers Under TUPE
Before finalising a provider switch, consider the following:
- Has Employee Liability Information been shared and reviewed?
- Are there planned operational changes, and have these been communicated?
- Have all staff been properly consulted?
- Does the mobilisation plan cover pre-transfer, transfer day, and the first 90 days?
- Who is supporting staff after the transfer is complete?
These questions ensure your TUPE process supports both people and performance throughout the transition. They also reinforce compliance with TUPE regulations and help meet key compliance timelines.
