Name: TUPE confirmation of consultation (to representatives) letter template | Sep 26
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What's included in this template?

This template brings together the key information, sections and considerations you need to create a clear, comprehensive and professional HR document. Preview the document below.

TUPE transfer confirmation and rationale
Information about affected employees and proposed measures
Legal, economic and social implications
Consultation meeting request and confidentiality wording

Specifications

Template

[Sender name]

[Sender address]

[date]

[Recipient name]

[Recipient address]

Dear [Recipient first name],

Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE)

Private & Confidential

I write further to my previous correspondence about [our proposal to transfer the business of [old department/company name] to [new company name]] OR [the proposed service provision change of [give details of activities] from ourselves to [name of new service provider]].

As the representative of the staff currently employed in posts in the [old company/department name], I am writing to you to confirm this potential transfer and to advise you that the transfer will be handled in accordance with the Transfer of Undertakings

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What is a TUPE confirmation of consultation (to representatives) letter?

TUPE confirmation of consultation (to representatives) letter template preview

This letter provides a structured way for an employer to communicate with employee representatives about a proposed transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). It is designed to support the information and consultation process and can be adapted for either a business transfer or a service provision change.

Confirming the proposed TUPE transfer

The letter explains the proposed transfer, why it is taking place, the expected transfer date and which employees or activities are affected. It provides representatives with a clear initial picture of the proposed change and confirms that the transfer will be handled in accordance with TUPE.

Explaining the information required under TUPE

The template provides space to address the matters that representatives need to be informed about, including the reasons for the transfer, its expected timing, the employees affected and any measures envisaged by the incoming employer. It also prompts consideration of the legal, economic and social implications of the transfer.

Addressing measures affecting transferring employees

Where the incoming employer has identified measures that may affect transferring employees, these can be clearly explained in the letter. Examples may include changes to working hours, job descriptions, payroll arrangements, working location, management structures, pensions or other working practices.

Moving into consultation

The letter invites representatives to discuss the implications for the employees they represent and establishes the arrangements for consultation. It recognises that the process may continue to develop and provides a clear opportunity for representatives to raise questions, concerns and representations as the transfer progresses.

Example

A company proposes transferring a department to another employer. The outgoing employer writes to the elected employee representatives to confirm that the proposed transfer will be handled in accordance with the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).

The letter explains why the transfer is taking place, the proposed transfer date and which employees are expected to transfer. It also explains the legal effect of TUPE on employees' employment and identifies the legal, economic and social implications that are currently known.

The incoming employer has identified several measures, including a change to salary payment dates, revised working hours and changes to the management structure. These are included in the information provided to representatives so that they understand the potential impact on affected employees.

The letter then invites the representatives to meet to discuss the implications for the staff they represent and confirms that the arrangements for consultation will be discussed at that meeting. The employer continues to provide updates as the proposals develop and keeps an appropriate record of the consultation process.

The wider HR process

Related HR resources and workflow

Explore the HR resources that may be relevant before and / or after using the TUPE confirmation of consultation (to representatives) letter, helping you understand the wider process, maintain appropriate documentation and follow a consistent approach.

TUPE employee representative election results letter

If TUPE is proposed, send this model letter to affected employees to confirm the results of an election for employee representatives.

This

TUPE confirmation of consultation (to representatives) letter

TUPE confirmation of proposed measures (to employee representatives) letter

A practical TUPE letter for confirming to employee representatives the measures the employer proposes to take in connection with a transfer of employment.

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Implementation guidance

Use these best practice actions, recommended timescales and process stages to understand when and how the TUPE confirmation of consultation (to representatives) letter should be used, helping ensure each step is handled consistently and appropriately documented.

Step	Description	Responsibility	Timing
1	Confirm the proposed transfer, the employees or activities affected, the expected transfer date and the reasons for the transfer.	Outgoing employer / HR	As soon as the transfer is sufficiently advanced to provide meaningful information
2	Obtain and review the information required under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), including details of any measures the incoming employer envisages which may affect transferring employees.	Outgoing / Incoming employer	As early as reasonably practicable and before consultation begins
3	Provide the appropriate employee representatives with the required information about the transfer, including the legal, economic and social implications and any measures envisaged.	Outgoing employer / HR	As soon as reasonably practicable before the transfer, allowing sufficient time for consultation
4	Meet with representatives, provide an opportunity to ask questions and make representations, and genuinely consider their views about any measures affecting employees.	Employer / Representatives	Allow sufficient time for meaningful consultation before the transfer takes place
5	Confirm the consultation arrangements and maintain an appropriate written record of the information provided, discussions, representations, responses and any agreed or outstanding actions.	Employer / HR	Throughout the consultation process and promptly following each consultation meeting

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Common mistakes

Understand the common mistakes to avoid when using this HR template, helping you reduce risk, prevent unnecessary costs and ensure the process is handled correctly.

Providing incomplete TUPE information – make sure the representatives receive the required information about the transfer, including the reasons, timing, implications and any measures envisaged.
Failing to identify measures – ask the incoming employer to provide details of any changes likely to affect transferring employees and ensure these are communicated appropriately.
Confusing informing with consultation – providing information is not the same as consulting. Where measures are envisaged, representatives should have a genuine opportunity to give their views.
Sending the letter too late – TUPE does not prescribe a fixed consultation period, but employers must allow enough time for information and meaningful consultation before the transfer.
Failing to consider representatives' views – consultation should involve genuine consideration of questions, concerns and suggestions, rather than simply presenting a decision that has already been fixed.
Failing to keep records – retain the information provided, correspondence, meeting notes, representations and responses so there is a clear record of the TUPE process.

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HR considerations

UK employment law and best practice

This template is designed to support the process, but the document should be used alongside the relevant HR procedure and applied to the circumstances of the individual case.

Transfer of Undertakings (Protection of Employment) Regulations 2006

The Transfer of Undertakings (Protection of Employment) Regulations 2006, commonly known as TUPE, provide protection for employees when a business or undertaking transfers to a new employer and in certain service provision changes. Where TUPE applies, the outgoing and incoming employers have specific information and consultation obligations in relation to affected employees and their representatives. https://www.legislation.gov.uk/uksi/2006/246/contents

Information about the transfer

Under TUPE, both the old and new employer must inform appropriate representatives about the transfer. The information should include confirmation that the transfer is happening, when it is expected to happen and why it is taking place. Representatives should also receive information about the legal, economic and social implications of the transfer for affected employees. https://www.acas.org.uk/inform-and-consult-staff-in-a-tupe-transfer/what-you-must-inform-and-consult-about

Measures affecting employees

The incoming employer must inform the outgoing employer about any measures it envisages taking in connection with the transfer which may affect employees. The outgoing employer must then provide this information to the representatives of affected employees. Examples can include changes to working hours, job descriptions, salary payment dates, working practices, location, management structures or potential redundancies. https://www.acas.org.uk/inform-and-consult-staff-in-a-tupe-transfer/what-you-must-inform-and-consult-about

Consultation with representatives

Where measures are envisaged, employers must consult with recognised trade union or appropriate employee representatives about those measures. Consultation should be genuine and meaningful, with the employer listening to representatives' views, seriously considering their suggestions and seeking to reach agreement where possible. https://www.acas.org.uk/inform-and-consult-staff-in-a-tupe-transfer/how-to-inform-and-consult-staff

Timing and meaningful consultation

TUPE does not prescribe a fixed number of days for consultation. However, employers must allow enough time to inform and fully consult before the transfer takes place. The process should begin as early as possible so that representatives have a reasonable opportunity to understand the proposals, raise questions and make representations before decisions are implemented. https://www.acas.org.uk/inform-and-consult-staff-in-a-tupe-transfer/when-you-should-inform-and-consult

Representatives and affected employees

Employers must include affected employees in the TUPE information and consultation process. Where recognised trade union or employee representatives exist, those representatives should be consulted. Depending on the circumstances, where there are no appropriate representatives the employer may need to arrange elections or consult employees directly. Representatives also have specific rights to facilities and paid time off to carry out their TUPE duties. https://www.acas.org.uk/inform-and-consult-staff-in-a-tupe-transfer/who-you-must-inform-and-consult

Consequences of failing to comply

Failure to properly inform and consult can result in claims to an employment tribunal. Depending on the circumstances, either the old or new employer may be liable, and compensation can be awarded to affected employees. Employers should therefore retain a clear record of the information provided, consultation meetings, representations made and responses given. https://www.acas.org.uk/inform-and-consult-staff-in-a-tupe-transfer

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FAQs

Who should receive a TUPE confirmation of consultation letter?

The letter should normally be sent to the recognised trade union representatives or elected employee representatives representing the affected employees. The appropriate representatives will depend on the circumstances of the transfer and the representation arrangements in place.

What information should be provided under TUPE?

Representatives should be informed about the transfer, when and why it is happening, the legal, economic and social implications and any measures the incoming employer envisages that may affect transferring employees.

What are TUPE measures?

Measures are changes the new employer expects to make that may affect employees transferring to it. They can include changes to working hours, job descriptions, pay dates, working location, management structures, pension arrangements or potential redundancies.

Does the outgoing employer consult representatives about the incoming employer's measures?

The outgoing employer must inform representatives about measures communicated by the incoming employer. The incoming employer is responsible for consulting about its proposed measures, although the exact arrangements should be coordinated between both employers.

Why use HRDocBox rather than AI?

AI can generate a generic TUPE letter, but HRDocBox provides structured, UK-focused HR documentation designed around practical employment processes. This template reflects the information and consultation requirements under the Transfer of Undertakings (Protection of Employment) Regulations 2006 and provides a structured way to communicate the proposed transfer and move into consultation.

How this content is developed and reviewed

The TUPE confirmation of consultation (to representatives) letter template is developed using a practical HR methodology that considers current UK employment legislation, ACAS guidance, CIPD good practice and the real-world HR process it supports. Templates and supporting information are regularly reviewed and updated, with additional reviews triggered by significant changes to legislation, guidance or established HR practice, helping ensure each document remains practical, relevant and suitable for UK employers.

About the author

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 HR processes and founded hrdocbox to provide businesses with practical, professionally developed HR resources grounded in UK employment law and best practice.

HRDocBox has been creating practical UK HR documents since 2009.

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