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It’s just cleaning, right? Dusting skirting boards, mopping floors, making things shine. It sounds low-risk.
But ask any cleaning agency owner about the time a cleaner used the wrong spray on a limestone floor, turning a £5,000 polished surface into a dull, etched mess. Or ask them about the "self-employed" cleaner who left after three years and promptly sued for £4,000 in backdated holiday pay.
The cleaning industry is built on trust—you are entering people’s private sanctuaries, often when they aren’t home. But trust isn't a legal defence. Whether you’re a sole trader scrubbing ovens or an agency managing 50 staff, the legal ice is thinner than you think.
Here are the specific clauses and laws that catch cleaning businesses out in the UK.
1. The "Damage to Property" Nightmare
The Scenario: Your cleaner is in a rush. They grab the "Bathroom Blitz" spray instead of the "Multi-Surface" one. They spray the expensive wool carpet. Within minutes, a pink bleach stain appears on the beige wool. The client demands a new carpet. Not just a patch—the whole room, because "you can’t match the weave."
The Legal Reality: Under the Consumer Rights Act 2015, you must perform the service with "reasonable care and skill." Using bleach on wool is negligence. You are liable.
The Fix:
1. Insurance Check: Does your Public Liability insurance cover "damage to property being worked on"? Many basic policies exclude the actual item you are cleaning.
2. The "Cap" Clause: Your Terms & Conditions should attempt to limit liability for accidental damage (e.g., to the value of the service fee or your insurance excess), though this is hard to enforce against consumers for negligence.
3. The "Client Supply" Clause: Ideally, have a clause stating: "We use cleaning products and equipment provided by the Client. We are not liable for damage caused by the inherent nature of the Client's own products." This shifts some risk if their vacuum scratches their floor.
2. The "Self-Employed" Agency Trap
The Scenario: You run an agency. You have 20 cleaners. You tell them they are "self-employed" so you don't have to pay National Insurance, pension, or holiday pay. You assign them jobs, you set the £15/hour rate, and they have to wear your branded tabard.
The Legal Reality: You are walking into a tribunal. UK case law (like the famous Pimlico Plumbers case) focuses on "control." If you tell them when to work, how to work, and don't let them send a substitute, they are likely legally "Workers." This means they are entitled to 5.6 weeks of paid holiday a year. If you haven't paid it, they can claim for years of back-pay.
The Fix:
Introductory Agency Model: Your contract must clearly state you are an agent for the cleaner. The cleaning contract is between the Client and the Cleaner*. You just take a commission.
Genuine Self-Employment: The cleaner must have the right to accept/reject jobs, set their own hours, and crucially, the Right of Substitution (send someone else to do the job). If your contract forbids substitution, you’re in trouble.
3. The "Lock-Out" (Wasted Journey)
The Scenario: Your cleaner drives 20 minutes to the client’s house. They knock. No answer. They call. No answer. The client forgot to leave the key under the mat. The cleaner has lost 2 hours of earnings and fuel. The client refuses to pay because "no cleaning was done."
The Fix: A robust Cancellation & Lock-Out Policy in your T&Cs.
"If access is denied at the scheduled time, the full fee is chargable."*
"Cancellations with less than 24 hours' notice incur a 100% charge."*
Without this signed agreement before the first clean, you have no legal right to charge for work you didn't do. With it, you can invoice for the wasted time.
4. COSHH (It Applies to You)
The Scenario: A cleaner decants industrial toilet cleaner into an unlabelled water bottle. They leave it on the side. The client's child picks it up.
The Legal Reality: Even self-employed cleaners need to be aware of COSHH (Control of Substances Hazardous to Health). If you employ anyone, you must have written risk assessments for the chemicals you use. Negligence here can lead to criminal Health & Safety prosecution, not just a civil lawsuits.
The Fix: A policy stating you will keep all chemicals in original bottles and require a safe, high shelf or locked cupboard from the client for storage.
Why Automated Contract Review Matters
You might think your basic "Service Agreement" is fine. But does it distinguish between an "Introductory Fee" and a "Service Fee"? Does it have a "Right of Substitution"?
AI contract review can scan your agreement for these "Employment Status" red flags. It helps you ensure your "self-employed" contracts actually look self-employed to HMRC, saving you from a potentially business-ending tax bill down the line.
Disclaimer: The information in this article is for general guidance only and is not intended as professional legal, financial, tax, or medical advice.
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