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View full library-letter-template.jpg "TUPE transfer confirmation (to employee 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.
[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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A TUPE transfer confirmation letter to employee representatives is used by the outgoing employer to formally confirm that a transfer covered by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) has taken place. It provides representatives with a clear written record of the transfer and the arrangements applying to affected employees, following the wider TUPE information and consultation process.
The letter will typically confirm:
Employee representatives have an important role in the TUPE information and consultation process. Providing formal confirmation of the transfer gives representatives a clear record of when the transfer took place and the employer to whom affected employees have transferred.
Where the letter is confirming that the transfer has already taken place, it should be issued promptly following completion of the transfer. The confirmation should form part of the wider TUPE process and should not be treated as a substitute for the information and consultation obligations that applied before the transfer.
Before issuing the confirmation, the outgoing employer should check that the transfer date, incoming employer's details and information provided about affected employees are accurate and consistent with the wider TUPE documentation. The employer should also ensure that any relevant information provided to employee representatives during the consultation process is reflected accurately.
Tip: Keep the confirmation factual and consistent with the information already provided during the TUPE process. The letter should confirm what has happened rather than introduce new information or changes after the transfer has taken place.
Related HR resources and workflow
Explore the HR resources that may be relevant before and / or after using the TUPE transfer confirmation (to employee representatives) letter, helping you understand the wider process, maintain appropriate documentation and follow a consistent approach.
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.
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.
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.
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.
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.
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.
Yes. This template has been designed for organisations of all sizes, including small businesses, charities and growing employers. It follows UK employment law best practice and can be adapted to suit your organisation.
Our templates are developed with UK employment legislation, Acas guidance and HR best practice in mind and are reviewed and updated as relevant requirements change. However, every employment situation is different, so the template should be adapted to the circumstances and checked against the employee's contract and your organisation's procedures before use.
Yes, we highlight the areas of the document 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.
Yes. Once purchased, you'll be able to download it instantly. Templates are provided in editable format (such as .doc or .xls) so you can customise them easily, and in PDF format for easy sharing.
If you're looking for broader support, we also offer toolkits and library bundles that include the TUPE transfer confirmation (to employee representatives) letter template, along with other HR templates and policies for fully managing your situation. These may be more cost-effective if you need deeper advice.
AI can produce a document quickly, but effective HR documentation needs to be more than well-written words. It needs to reflect relevant UK employment law, HR best practice, practical considerations and the circumstances in which it will be used. These resources have been professionally developed around that wider HR context, drawing on extensive practical experience, rather than simply generating a generic document from a prompt.
Darryl Horn, Chartered HR Director
Darryl is a Chartered HR professional with over 25 years' experience in senior HR and employee relations roles.
He has extensive practical experience of managing tupe processes and founded hrdocbox to provide businesses with practical, professionally developed HR resources grounded in UK employment law and best practice.
"Darryl provides support and advice with excellent judgement, and has a strong understanding of people, policies and UK employment legislation."
"He is someone I trust; consistent, dependable, and committed to doing things properly."
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