TUPE confirmation of consultation to representatives letter template
Recent customers:
Supporting information
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.
TUPE confirmation of consultation to representatives letter
[Sender name]
[Sender address]
[date]
[Recipient name]
[Recipient address]
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]
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What is this for?
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.
Extended guidance
Employment law compliance
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.
Documentation sequence
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.
