TUPE confirmation of transfer to representatives letter template
If TUPE is confirmed, send this model template letter to representatives as confirmation that a transfer will take place under the provisions of TUPE.
- 2 pages / 583 words
- Instantly download as Word / PDF / plain text
- Suitable for United Kingdom
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TUPE confirmation of transfer to representatives letter
[Sender name]
[Sender address]
[date]
[Recipient name]
[Recipient address]
Dear [Recipient first name],
Confirmation of TUPE transfer
As you will be aware from previous correspondence and discussions regarding the possibility of transferring [old department name] to [new company name], it has now been confirmed that this transfer is to take place on [date of transfer].
The main reason for this transfer is [rationale].
The transfer to the ownership of the [new company name] includes the transfer of all existing employees in the [old department name], from the employment of the Company, to that of the [new company name].
1. Transfer of Undertakings (Protection of Employment)
As the Trade Union / employee representative (delete) for the individuals directly affected by the transfer, I am writing to notify you formally that the transfer will be handled in accordance with the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the TUPE Regulations) and to provide information about the transfer in accordance with the Company's obligations under regulation 10 of the Transfer of Undertakings (Protection of Employment) Regulations.
2. Legal, economic and social implications
As this will be a transfer covered by the TUPE Regulations the following
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The outgoing employer should write to representatives of transferring employees to let them know that the transfer has happened.
The letter should confirm:
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the date on which the transfer will occur.
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that the employees will be employed by the incoming employer.
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that their terms and conditions of employment will remain intact at the point of transfer, including continuity of employment.
Compliance
Compliance
This TUPE confirmation of transfer to representatives letter template incorporates relevant UK laws and HR standards, including those listed below:
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Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE): This legislation requires that employers inform and consult with employee representatives before a TUPE transfer takes place. It is important to consider this legislation when creating a confirmation of transfer to representatives letter to ensure that the employee representatives are provided with all the necessary information regarding the transfer, including the reasons for it, the legal implications, and any measures that may be taken by the new employer.
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Employment Rights Act 1996: This legislation sets out the rights of employees to be informed and consulted in certain situations, including TUPE transfers. It is important to consider this legislation when creating a confirmation of transfer to representatives letter to ensure that the employee representatives are informed of their rights, including their right to be consulted on measures that may be taken by the new employer and their right to be accompanied by a colleague or trade union representative during consultation meetings.
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Equality Act 2010: This legislation prohibits discrimination on the grounds of age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex, or sexual orientation. It is important to consider this legislation when creating a confirmation of transfer to representatives letter to ensure that the transfer does not result in any discriminatory practices, and that all employees are treated fairly and equally.
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Data Protection Act 2018: This legislation sets out the rules for handling personal data. It is important to consider this legislation when creating a confirmation of transfer to representatives letter to ensure that the personal data of employees is handled in a lawful and transparent manner, and that employees are made aware of how their data will be used.
Flowchart
Flowchart
Check which resources should be implemeted before and/or after the TUPE confirmation of transfer to representatives letter template, to understand the workflow.
TUPE confirmation of proposed measures to representatives letter
If TUPE is proposed, send this model letter to representatives as confirmation of the proposed measures that will be taken in connection with the transfer.
TUPE confirmation of transfer to employees letter
If TUPE is confirmed, send this model template letter to affected employees as written confirmation that a transfer will take place under the provisions of TUPE.
Practical example
Practical example
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Scenario
ABC Limited, a UK-based company, has undergone a transfer of undertakings (TUPE) process, resulting in the transfer of employees to a new employer. HR Manager Sarah is responsible for drafting a TUPE confirmation of transfer letter to formally inform employee representatives about the completed transfer following the consultation process.
Initial Response
After the completion of the consultation process, Sarah receives confirmation that the TUPE transfer has been finalised. She verifies the details of the transfer, including the effective date and the name of the new employer, to ensure accuracy before proceeding with drafting the confirmation of transfer letter.
Content of the Letter
The TUPE confirmation of transfer letter formally notifies employee representatives that the TUPE transfer has been completed following the consultation process. It confirms the transfer of employment to the new employer and reiterates the rights of employees under TUPE regulations, including the preservation of terms and conditions of employment.
Sending the Letter
Once the letter is finalised, Sarah sends it to the employee representatives via email or post, ensuring timely delivery. She may also provide additional information or support to address any questions or concerns the representatives may have following the completion of the transfer process.
Frequently Asked Questions
Frequently Asked Questions
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Can I use this TUPE confirmation of transfer to representatives letter template for small businesses?
Yes. The TUPE confirmation of transfer to representatives 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 TUPE confirmation of transfer to representatives letter template compliant with 2025 UK employment law?
Absolutely. All 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 this TUPE confirmation of transfer to representatives letter template 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 to the TUPE confirmation of transfer to representatives letter template?
Yes. Once purchased, you'll be able to download the TUPE confirmation of transfer to representatives letter template 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 a full HR toolkit, not just the TUPE confirmation of transfer to representatives letter template?
If you're looking for broader support, we also offer toolkits and library bundles that include the TUPE confirmation of transfer to representatives letter template along with other HR templates and policies for fully managing your situation. These may be more cost-effective if you need a complete HR library.
