HR considerations
UK employment law and best practice
This template is designed to support the process, but the document should be used alongside the relevant HR procedure and applied to the circumstances of the individual case.
A TUPE welcome letter sits within a wider legal process. The Transfer of Undertakings (Protection of Employment) Regulations 2006 protect employees when a business, undertaking or service transfers to a new employer. A welcome letter should therefore support the transfer process rather than be used as a substitute for the statutory information and consultation requirements.
Protection of employment
TUPE generally provides for employees assigned to the transferring business or undertaking to transfer to the new employer with their employment rights and obligations preserved, subject to the specific provisions and exceptions within the regulations.
The welcome letter should therefore be carefully worded so that it does not inadvertently suggest that employees are starting new employment or that their existing contractual rights have simply been replaced by the incoming employer.
Information and consultation
TUPE contains specific obligations concerning the provision of information and, where applicable, consultation with appropriate employee representatives. Employers should ensure that these requirements are addressed as part of the transfer process.
ACAS guidance recommends that employers communicate clearly with employees about what the transfer means for them and provide appropriate information throughout the process. A welcome letter can form part of this wider communication approach.
Measures following the transfer
Where the incoming employer envisages taking measures in relation to transferring employees, TUPE requires appropriate information to be provided and consultation to take place with the relevant representatives.
Any changes described in a welcome letter should therefore be consistent with the information and consultation process and should not introduce significant new measures without the appropriate process having taken place.
Employment terms
Employers should take care when communicating changes to contractual terms following a TUPE transfer. TUPE places restrictions on certain changes to employment terms where the reason for the variation is the transfer itself, subject to the circumstances and statutory rules applying.
The welcome letter should therefore distinguish between confirming existing arrangements and introducing any genuinely new arrangements that have been properly considered through the TUPE process.
Practical communication
Good practice is to make post-transfer communication clear, reassuring and practical. Employees should understand who their employer is, who they report to, where they need to work and who they should contact with questions.
The letter should complement the wider onboarding process and should be consistent with the employee's contractual information, the information provided during consultation and the arrangements that actually apply following the transfer.