TUPE request to check personal information letter template
If TUPE is confirmed, send this model letter to any affected employee to request that they check their personal information before you send it to the incoming employer.
- 2 pages / 257 words.
- Last updated 15/03/2023.
- Designed for United Kingdom use.
- Suitable for use in other territories; check local laws first.
- Instantly download as Word / PDF / plain text, or send by email.
- Includes 12 months’ access, with all updates to this page provided free of charge and notified to you.
TUPE request to check personal information letter
[Sender name]
[Sender address]
[date]
[Recipient name]
[Recipient address]
Dear [Recipient first name],
TUPE transfer
I write regarding the transfer of [old department/company name] to [new company name], following which the employees within [old department/company name] will transfer to [new company name].
We are required to provide the incoming employer with accurate employee personal information no later than 28 days prior to your transfer. I would therefore be grateful if you could review and make any appropriate changes to the personal data below, and return this letter to me no later than [date].
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An outgoing employer should ask any affected employee to check their personal information before they send it to the incoming employer for several reasons:
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Accuracy: The outgoing employer wants to ensure that the employee's personal information is accurate and up-to-date before it is transferred to the incoming employer. This helps to avoid any potential errors or discrepancies in the employee's personal information that could cause problems later on.
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Privacy: The outgoing employer wants to ensure that the employee's personal information is only shared with the incoming employer to the extent that it is necessary for the business transfer or outsourcing. By asking the employee to check their personal information, the outgoing employer can ensure that the employee is aware of what personal information is being shared and can raise any concerns if necessary.
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Compliance: The outgoing employer has a legal obligation to comply with data protection laws and ensure that personal information is transferred securely and in accordance with the law. By asking the employee to check their personal information, the outgoing employer can ensure that they are complying with their legal obligations and avoid any potential breaches of data protection laws.
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Transparency: By involving the employee in the process of transferring their personal information, the outgoing employer can demonstrate transparency and openness in the business transfer or outsourcing process. This can help to build trust and confidence with the employee, who may be anxious about the transfer of their employment.
Overall, asking affected employees to check their personal information before it is transferred to the incoming employer is an important step in ensuring that the transfer process is smooth, compliant with the law, and respectful of employees' privacy and personal information.
It is usually delivered to the Employee by the Outgoing employer.
It should be actioned 6 to 5 weeks before transfer.
Compliance
Compliance
This TUPE request to check personal information letter template incorporates relevant UK laws and HR standards, including those listed below:
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The General Data Protection Regulation (GDPR): Employers must ensure that they comply with the GDPR when processing personal data of employees. This includes obtaining valid consent, providing employees with information about the processing of their personal data, and ensuring that their data is processed lawfully, fairly, and transparently.
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The Data Protection Act 2018: Employers must ensure that they comply with the Data Protection Act 2018, which supplements the GDPR and provides additional requirements for the processing of personal data.
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The Employment Rights Act 1996: The request to check personal information letter should inform the employee of their rights under the Employment Rights Act 1996, including the right to access personal data held by the employer.
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The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE): Employers must ensure that they comply with the requirements of TUPE, including the obligation to inform and consult with affected employees.
In addition to these laws, employers should also consider any relevant collective agreements or contractual terms that may apply to affected employees. The request to check personal information letter should be clear and comprehensive, providing all relevant information about the processing of personal data and the employees' rights in relation to this.
Outgoing employers are under a legal obligation to provide employee information to an incoming employer in a TUPE transfer at least 28 days prior to the transfer. The information must be accurate as as at a date no more than 14 days before the date of the letter.
If the information you provide is inaccurate, the incoming employer could bring a claim against you for compensation.
Flowchart
Flowchart
Check which resources should be implemeted before and/or after the TUPE request to check personal information letter template, to understand the workflow.
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Frequently Asked Questions
Frequently Asked Questions
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Can I use this template in my small business?
Yes. The TUPE request to check personal information letter template is designed to be flexible and suitable for organisations of all sizes, including small businesses and charities. It follows UK employment law best practice, so even if you don't have an in-house HR team, you can confidently apply it.
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Is this template compliant with 2025 UK employment law?
Absolutely. All of our templates are drafted with the latest ACAS guidance and UK employment legislation in mind. We review and update them regularly, so you can be confident they remain compliant.
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Can I customise it for my organisation?
Yes, we highlight the areas that you need to update with your own details, and where you need to make decisions to suit your situation. This saves you time and ensures that you meet best practice.
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Do I get instant access?
Yes. Once purchased, you'll be able to download it instantly. Templates are provided in editable Word or Excel format so you can customise them easily, and in PDF format for easy sharing.
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What if I need more help, not just this template?
If you're looking for broader support, we also offer toolkits and library bundles that include this template, along with other HR templates and policies for fully managing your situation. These may be more cost-effective if you need deeper advice.
