TUPE notification of ballot letter template
If nominations for TUPE representatives has closed with more volunteers than required, issue this model letter template to provide notification of a ballot.
- 2 pages / 257 words.
- Last updated 08/03/2023.
- Designed for United Kingdom use.
- Suitable for use in other territories; check local laws first.
- Instantly download as Word / PDF / plain text, or send by email.
- Includes 12 months’ access, with all updates to this page provided free of charge and notified to you.
TUPE notification of ballot letter
[Sender name]
[Sender address]
[date]
[Recipient name]
[Recipient address]
Dear [Recipient first name],
Invitation to elect employee representatives
We refer to our letter dated [date] in which we invited nominations for representatives for election to the employee representative committee for the purpose of [the proposed transfer of the business of [give details of undertaking] to [name of transferee]] OR [the proposed service provision change of [give details of activities] from ourselves to [name of new service provider]].
Nominations have now closed and, as there are more nominations than the number of representatives proposed, we are
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A TUPE notification of ballot letter is a written document that an employer sends to employees to inform them of a ballot that will be held to elect employee representatives, as required under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).
The TUPE notification of ballot letter typically includes information such as the purpose of the ballot, the timing and location of the ballot, and the process for nominating candidates and casting votes. The letter should also explain the importance of the election and the role of employee representatives in the consultation process.
The purpose of the letter is to ensure that employees are informed of the upcoming ballot and have the opportunity to participate in the process of electing their representatives. This helps to ensure that the consultation process is conducted in a fair and democratic manner and provides evidence that the employer has complied with its legal obligations under TUPE.
Elected employee representatives will represent all of your affected employees in the TUPE process.
The role of these representatives is to help you to inform and consult with employees about what this process means for them and for you.
It is usually delivered to the Employee by the Outgoing employer.
It should be actioned 5 to 3 weeks before transfer.
Compliance
Compliance
This TUPE notification of ballot letter template incorporates relevant UK laws and HR standards, including those listed below:
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. The employer must also consult with any employee representatives, such as trade union representatives or elected employee representatives.
There is a statutory duty to consult and inform appropriate representatives prior to a transfer taking place. Failure to comply with this regulation could result in a complaint to an Employment Tribunal, which if upheld could result in compensation for each affected employee.
The appropriate representatives will normally be either the recognised trade union representatives for the affected staff groups, or directly elected staff representatives.
In organisations with fewer than 10 employees, if there is no recognised trade union or authorised staff representatives, you could either arrange an election with the affected employees to vote for representatives, or consult directly with every affected employee.
In organisations with more than 10 employees, if there is no recognised trade union or authorised staff representatives, employers must arrange elections with the affected employees to vote for representatives to consult about the transfer.
Flowchart
Flowchart
Check which resources should be implemeted before and/or after the TUPE notification of ballot letter template, to understand the workflow.
TUPE notification of intention to elect employee representatives letter
If TUPE is proposed, send this model letter to affected employees to them of an upcoming election process to determine representatives for consultation.
TUPE employee representatives ballot form
Use this model ballot form in the election of employee information and consultation representatives, as part of a TUPE transfer.
Frequently Asked Questions
Frequently Asked Questions
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Can I use this template in my small business?
Yes. The TUPE notification of ballot letter template is designed to be flexible and suitable for organisations of all sizes, including small businesses and charities. It follows UK employment law best practice, so even if you don't have an in-house HR team, you can confidently apply it.
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Is this template compliant with 2025 UK employment law?
Absolutely. All of our templates are drafted with the latest ACAS guidance and UK employment legislation in mind. We review and update them regularly, so you can be confident they remain compliant.
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Can I customise it for my organisation?
Yes, we highlight the areas that you need to update with your own details, and where you need to make decisions to suit your situation. This saves you time and ensures that you meet best practice.
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Do I get instant access?
Yes. Once purchased, you'll be able to download it instantly. Templates are provided in editable Word or Excel format so you can customise them easily, and in PDF format for easy sharing.
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What if I need more help, not just this template?
If you're looking for broader support, we also offer toolkits and library bundles that include this template, along with other HR templates and policies for fully managing your situation. These may be more cost-effective if you need deeper advice.
