Memorandum submitted by the Cleaning and Support
Services Association
The Cleaning and Support Services
Association (CSSA) is the UK
trade association for the contract cleaning sector. CSSA members account for
some 70% of the turnover in that sector and employ around 250,000. In
preparation for this submission the CSSA has recently undertaken a survey of
its membership. The sample group surveyed for this report consisted of
companies ranging in turnover from £100,000 to one of over £100 million, with
the large majority consisting of SMEs.
Background
The focus of the select committee call for
evidence is the financial support needed for SMEs in the current economic
crisis.
When CSSA members were surveyed about
current policy issues, financing costs, while important, were not a key
priority. This is because some 80% of the costs of a cleaning contract are
variable labour costs and these are therefore covered by payments from clients.
However, a number of issues did emerge
where Government policy is putting extra burdens on business, right at a time
when these burdens are most counterproductive. The CSSA would encourage the
Committee to focus on these burdens at the same time as financial issues so as
to ensure that the Government does not give with one hand and take away with
the other.
This issues raised by CSSA members are late
and disputed payments, TUPE, National Minimum Wage and Sickness Benefits.
Late
and Disputed Payments
CSSA members are reporting an increase in
late and disputed payments from clients. It seems that increasingly, clients
are either unilaterally pushing out payment terms or creating disputes about
the quality of service in order to hold back on payments.
This created a significant cash flow
problem for smaller businesses and pushes then into the hands of their bankers
for extensions to working capital, which are becoming prohibitively expensive.
The CSSA calls on the Committee to press for a speeding up of payments from all
Government and private clients to service companies, to prevent them from
needing to access further finance.
The CSSA welcomes Lord Mandelson's
commitment to swift payment by central Government, and hopes that this will be
extended to local Government and the NHS also.
TUPE
CSSA members have also raised the issue of
TUPE compliance as a significant extra cost imposed by Government. TUPE is of
great importance to cleaning businesses due to the large number of contracts
that are transferred every year.
TUPE legislation has proved troublesome to
CSSA members due to the complexity of laws surrounding it. Members questioned
have stated that inconsistencies in legislation have proved problematic to
them, and this is something the Government should look at as a matter of
urgency. In particular, the judgement in the Redcar/Middlesbrough case on equal
opportunities appears to conflict with current TUPE legislation. CSSA members
seeking to meet the requirements of this equal opportunities case law may well
find themselves falling foul of TUPE and vice versa. The CSSA is very willing to work in
conjunction with the Government so that this can be addressed
The CSSA is currently involved with BERR in
setting up a working party aimed at publishing a best practice guidance
document for cleaning companies on TUPE. The present thinking within the CSSA
is that if agreement on guidance can be reached, the CSSA will ensure, to the
best of its abilities that all CSSA members abide by it.
National Minimum Wage
A number of CSSA members are concerned
about the impact of recent and future rises in the National Minimum Wage. The
CSSA will be making an oral submission to the Low Pay Commission on this
subject. This is particularly important for those cleaning contractors that are
subject to competition from the informal economy. Any commitments the
Government can give on tackling illegal working would be welcome, as tackling
illegal competition is preferable to worsening conditions for legal workers in
response.
Sickness
Pay
The cleaning industry is characterised by a
significant level of staff turnover, which can exceed 100% per year in some
businesses. One of the effects of such high turnover is that where employment
rights begin from day one of employment, this can place a significant burden on
a small firm. The CSSA has received a number of representations from members
where because of long terms staff sickness and the need to recruit extra staff
to cover, contracts have become unprofitable.
It would be helpful for small cleaning
companies if sickness benefits could be delayed until three months after
employment starts. This qualifying period would assist in managing out the
exploitation of sickness benefits that does occur.
Oral
Evidence
The CSSA would be delighted to give oral
evidence to the Committee should the opportunity arise.
December
2008