TUPE confirmation of consultation to representatives letter template2 min read
If TUPE is proposed, send this model letter template to employee representatives as confirmation of consultation taking place.
The letter details the number of employees, their location and other key descriptive information and outlines the expected degree of change that these employees will experience, and invites representatives to arrange a consultation meeting at a mutually convenient date.
What is a TUPE confirmation of consultation to representatives letter?
A TUPE confirmation of commencement of consultation to representatives letter is sent to employee representatives to confirm that the consultation process has started, as required under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).
The TUPE confirmation of commencement of consultation to representatives letter typically includes information such as the date and time of the first consultation meeting, the issues that will be discussed during the consultation process, and the expected duration of the consultation process.
The purpose of the letter is to provide formal notification to the employee representatives that the consultation process has begun, as required by TUPE. This helps to ensure that the consultation process is conducted in a timely and effective manner, and provides evidence that the employer has complied with its legal obligations under TUPE.
What legal and best practice aspects should employers be aware of?
When a business or part of a business is transferred to a new employer, TUPE requires the employer to inform and consult with affected employees and their representatives about the transfer and any measures that the new employer plans to take in relation to their employment. Certain specified information must be provided to the representatives long enough before the transfer to enable the outgoing employer to consult with them about it.
There is no set timetable for consultation, but the larger the transaction and the more staff affected, the longer the timetable will need to be.
If there is a failure to inform and consult, a complaint can be made to the Employment Tribunal. If successful, the Tribunal can award compensaton up to a maximum of 13 weeks pay per affected employee.
TUPE confirmation of consultation to representatives [Delete this line]
Dear [Recipient first name],
Proposed TUPE transfer
I write further to my previous correspondance 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 (Protection of Employment) Regulations 2006.
The proposals are as follows:
- The transfer is taking place due to [explain rationale]
- The transfer will take place on [date]
- [Describe who will transfer] will transfer
- [whether there will be any restructuring]
- The legal implications of the transfer on affected employees, including an explanation of the legal effect on contracts, statutory rights and collective agreements.
- [Any measures the new employer is planning which may affect staff transferring in – for example, changes to working hours, job descriptions, salary payment dates or risk of redundancies]
- [any legal, economic and social implications. Legal, economic and social implications may include:
- legal – effect on contracts, statutory rights and collective agreements
- economic – the new employer’s financial worth and pay and benefits
- social – pensions and changes to start and finish times
I am sure you will appreciate this is an evolving process and you will be kept informed of developments as they occur.
I should be grateful if we could meet to discuss the implications for the staff you represent at your earliest convenience. We will also discuss the arrangements for consultation when we meet. Please contact me to arrange a mutually convenient time. In the meantime I would be grateful if you could respect the confidentiality of this information until such time as the department has informed the staff concerned.
Yours [faithfully | sincerely],
[Sender job title]
TUPE employee representative election results letter template
If TUPE is proposed, send this model letter to affected employees to confirm the results of an election for employee representatives.
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.
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