TUPE confirmation of transfer to representatives letter template3 min read
If TUPE is confirmed, send this model template letter to representatives as confirmation that a transfer will take place under the provisions of TUPE.
What is a TUPE confirmation of transfer to representatives letter?
The outgoing employer should write to representatives of transferring employees to let them know that the transfer has happened.
The letter should confirm:
- the date on which the transfer will occur.
- that the employees will be employed by the incoming employer.
- that their terms and conditions of employment will remain intact at the point of transfer, including continuity of employment.
What legal and best practice aspects should employers be aware of?
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.
TUPE confirmation of transfer to representatives [Delete this line]
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 will apply:
a) The transfer represents a "relevant transfer" for the purposes of the regulations, and as such, all employees in posts funded by and working directly for [old department/company name], will transfer to [new company name] on their existing terms and conditions of employment, with full continuity of service.
b) Employees who are in the employment of the Company immediately before the transfer, will automatically transfer to the new employer, who will be responsible for their contracts of employment as though they had originally been entered into between the employee and the new employer.
c) Their contracts of employment will be modified as to substitute [new company name] as the employer in place of [old company name]. In all other aspects their contract of employment will remain unchanged and they will transfer on the same remuneration, terms and conditions as applied at [old company name].
d) The period of continuous service with the Company will count as continuous employment with the new employer, so any statutory employment rights which are dependent on length of service, will count in their employment with the new employer.
e) No steps will be taken by the Company to terminate the employment of any member of staff because of the transfer.
f) In law, a refusal to be transferred to the new employer would be regarded as a resignation and there would be no entitlement to a redundancy payment. The individual's contract of employment would terminate at the time of the transfer.
g) Pension provisions are excluded from the TUPE Regulations and it will not be possible, unless the transfer is to an employer in membership of the same scheme, for employees who are transferring to remain in the Company Staff Pension Scheme. [new company name] will make arrangements to provide suitable alternative occupational pensions provision for the transferring employees.
h) [new company name] will assume all financial and managerial responsibility for the undertakings and assets of the [old department/company name].
3. Measures envisaged in connection with the transfer
The Company does / does not (delete) envisage making any changes to the working arrangements of the individuals who will be transferring in advance of the date of transfer.
[If changes are envisaged please list them here]
You will receive further formal notification immediately prior to the transfer date and [new company contact name] will also contact you regarding the transfer. I will keep you informed of any developments as they arise.
Yours [faithfully | sincerely],
[Sender job title]
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.
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