Your browser does not support JavaScript
Cart empty
Cart empty
Termination document package
TUPE document library

TUPE information consent request letter template

When to use it

On a TUPE transfer, the transferor is obliged to notify to the transferee in writing the “employee liability information” of any employee who is assigned to the undertaking that is the subject of the transfer.

This letter enables the transferee to formally request this information in advance from the transferor.

[Company name]

[Sender address]

[date]

[Recipient name]

[Recipient address]

Dear [Recipient first name],

RE: POSSIBLE TRANSFER OF [OLD DEPARTMENT/COMPANY NAME] TO [NEW COMPANY NAME]

As you are aware the Company is intending to commence discussions regarding the possibility of a transfer of [current company/department name] to [new company name]. In order that we may negotiate the terms of this transfer it will be necessary for the Company to disclose some employee data to [new company name].

The following conditions, as specified in the Data Protection Act, will apply to any personal data that we provide to [new company name]:

  1. The information disclosed will only be used in preparing for the proposed TUPE transfer;
  2. The information will not be disclosed to anyone other than the [current company/department name] employees negotiating the proposed transfer and their legal advisers;
  3. The information provided will be kept securely by [new company name];
  4. The information will be returned to the Company or destroyed if the proposed TUPE transfer does not proceed.

I would be grateful if you could confirm by completing and returning the consent slip below that your personal data as contained in the annexe to this letter:

  1. is correc

The full TUPE information consent request letter template will be available once purchased.

Reviewed 30 April 2022

Free downloadable guides (.pdf format)

TUPE explained

TUPE is the Transfer of Undertakings (Protection of Employment) Regulations. Its purpose is to protect employees if the business in which they are employed changes hands. Its effect is to move employees and any liabilities associated with them from the old employer to the new employer by operation of law.

TUPE can apply when employers:

  • sell or buy part or all of a business as a going concern;
  • outsource or make a "service provision change" involving either (a) an initial outsourcing of a service (e.g. where services transfer from the customer to an external contractor); (b) a subsequent transfer (e.g. where services transfer from the first external contractor to a different external contractor; and (c) bringing the service back in-house (e.g. where services transfer from an external contractor back to the customer)
  • grant or take over a lease or licence of premises and operate the same business from those premises.

TUPE applies every day to a range of different business transactions and it is essential that employers of all sizes understand the liabilities that can arise.

TUPE has impacts for the employer who is making the transfer (also known as the outgoing employer, the old employer or the transferor) and the employer who is taking on the transfer (also known as the incoming employer, the new employer or the transferee).