Hi
TUPE is a minefield, I have been working with it for a long time now and still don't know everything but I will try to explain how I work with it.
When you are awarded a contract that is already fully staffed you will need to write to the current contractor with a TUPE form - this can be a simple spread sheet where they fill in the information, eg: name, NI number, tax code, address, telephone, rate of pay and holiday entitlement. The contractor can only give you this information if the employee agrees.
I normally then hold a meeting with the employees on site to introduce our Company and explain our procedures.
When you take on staff within the TUPE regs you take on their exsisting contract of employment. This means pay rates and holiday entitlement stay the same, however if the employee is undergoing disciplinary you will also have the right to continue with this from the stage the last employer left it. Also if the employee is taking any action involving their employment you will be liable to carry that over also. So always make sure you ask the question and find out if this is the case. You may not want the contract if it means you may be liable for a payout to that employee.
Once you have taken on the staff I believe after a 'reasonable amount of time' you can give notice to change the terms and conditions within their contract. This usually happens if the client wants a cut in cleaning services and it affects the employees hours.
Having said all of that if the cleaners are not up to standard and the previous management has been poor when you take over a site and start doing things properly with supervision etc the cleaners will find that they are now expected to work and leave anyway!!!
Fox