TUPE confirmation of transfer to representatives letter template
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Supporting information
Employment law compliance
Documentation sequence
Practical implementation example
If TUPE is confirmed, send this model template letter to representatives as confirmation that a transfer will take place under the provisions of TUPE.
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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What is this for?
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.
Extended guidance
Employment law compliance
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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.
Documentation sequence
TUPE confirmation of proposed measures to representatives letter template
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 template
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
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.
