TUPE employee liability information letter template
If TUPE is proposed, send this model letter to the incoming employer to provide them with liability information for transferring employees.
- 1 page / 108 words.
- Last updated 08/03/2023.
- 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 employee liability information letter
[Sender name]
[Sender address]
[date]
[Recipient name]
[Recipient address]
Dear [Recipient first name],
Proposed TUPE transfer - employee information
I write regarding the proposed 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].
In accordance with regulation 1
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A TUPE employee liability information (ELI) letter is a written document that the outgoing employer provides to the incoming employer to provide information about the employees who will transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).
The purpose of the letter is to enable the incoming employer to understand the employment liabilities and obligations that they will inherit as part of the transfer, and to enable them to make informed decisions about the future of the transferred employees. This helps to ensure that the employees' rights and interests are protected during the transfer process, and that the incoming employer is able to comply with its legal obligations under TUPE.
It is usually delivered to the Incoming employer by the Outgoing employer.
It should be actioned 4 weeks before transfer.
Compliance
Compliance
This TUPE employee liability information letter template incorporates relevant UK laws and HR standards, including those listed below:
When a business or part of a business is transferred to a new employer, TUPE requires the outgoing employer to provide the incoming employer with certain information about the employees who will transfer.
This includes information about the employees' terms and conditions of employment, including any collective agreements, and any outstanding grievances or disciplinary procedures.
If you fail to provide the employee liability information, or if the information you provide is inaccurate, the incoming employer could bring a claim against you for compensation.
The TUPE ELI letter typically includes information such as the employees' names, dates of birth, and employment start dates, as well as their job titles, locations, and details of their employment contracts. The letter may also include information about any pension schemes, healthcare benefits, or other employee benefits that the employees are entitled to.
It should include, as a minimum:
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age and identity of the employee(s).
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core employment terms and conditions.
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relevant details about grievances and disciplinary action.
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relevant details about court or tribunal claims.
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relevant information about collective agreements.
Information should be provided 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.
You are required to provide the employee liability information in writing.
Flowchart
Flowchart
Check which resources should be implemeted before and/or after the TUPE employee liability information letter template, to understand the workflow.
TUPE request for employee liability information letter
If TUPE is proposed, send this model letter to the outgoing employer to request employee liability information.
TUPE notification of intention to elect employee representatives letter
If TUPE is proposed, send this model letter to affected employees to them of an upcoming election process to determine representatives for consultation.
Frequently Asked Questions
Frequently Asked Questions
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Can I use this template in my small business?
Yes. The TUPE employee liability 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.
