TUPE notification of intention to elect employee representatives letter template
Use this model letter to inform all staff affected by a TUPE transfer of an upcoming election process to determine representatives for consultation.
Elected staff 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 staff about what this process means for them and for you.
A notification of intention to elect employee representatives letter is issued by the current employer.
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.
This document is suitable for use in England & Wales and Scotland, and was last reviewed and revised on 10 August 2022
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TUPE notification of intention to elect employee representatives
Dear [Recipient first name],
Intention to elect employee representatives
We are writing to you in accordance with Regulation 13 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 ('TUPE') about [our proposal to transfer 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]].
We are required under Regulation 13 of TUPE to inform and consult with 'appropriate representatives' of the affected employees. As there is no recognised trade union and neither are there any current employee representatives who have the authority to act for this purpose, the Company will need to consult with employee representatives who are specifically elected for the purposes of the proposed TUPE transfer. The Company would therefore propose to consult with employees through an employee representative committee which will be established for this purpose. As such, we are now writing to ask for nominations for election to this committee.
The statutory election rules provide that:
- The Company shall make such arrangements as are reasonably practical to ensure that the election is fair.
- The Company shall determine the number of representatives to be elected so that there are sufficient representatives to represent the interests of all the affected employees, having regard to the number and classes of those employees.
- The Company shall determine whether the affected employees should be represented either by representatives of all affected employees or by representatives of particular classes of those employees.
- Before the election, the Company shall determine the term of office as employee representatives so that it is of sufficient length to enable relevant information to be given and consultations to be completed.
- The candidates for election as employee representatives are affected employees on the date of the election.
- No affected employee will be unreasonably excluded from standing for election.
- All affected employees on the date of the election are entitled to vote for employee representatives.
- The employees entitled to vote may vote for as many candidates as there are representatives to be elected to represent them, or, if there are to be representatives for particular classes of employees, for as many candidates as there are representatives to be elec
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