TUPE transfer confirmation (to representatives) letter template
Use this model letter to provide confirmation to representatives of any affected employee(s) that a transfer will take place under the provisions of TUPE.
- It advises of the date on which the transfer will occur.
- It confirms that the employees will be employed by the transferee employer.
- It confirms that their terms and conditions of employment will remain intact at the point of transfer, including continuity of employment.
A TUPE transfer confirmation letter is issued by the current employer.
This document is suitable for use in England & Wales and Scotland, and was last reviewed and revised on 10 August 2022
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TUPE transfer confirmation (to representatives)
Dear [Recipient first name],
Transfer of [old department/company name] to [new company name]
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
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It is suitable for simple TUPE transfers of employees from one business to another which you can manage yourself without specialist legal assistance.£33
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Model termination documents designed to help you manage voluntary and involuntary contract terminations in various scenarios.
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Once purchased you may download any termination template at any time over a one year period. This unlimited download access includes all updates and additions during the subscription period.£50