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If TUPE is proposed, send this model letter to affected employees to them 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.
[Sender name]
[Sender address]
[date]
[Recipient name]
[Recipient address]
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
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A TUPE notification of intention to elect employee representatives letter is a written document that an employer sends to employees to inform them of their intention to hold an election to select employee representatives, as required under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).
The TUPE notification of intention to elect employee representatives letter typically includes information such as the purpose of the election, the timing and location of the election, 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 inform employees of the upcoming election and to encourage them to participate in the process of selecting 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.
Related HR resources and workflow
Explore the HR resources that may be relevant before and / or after using the TUPE notification of intention to elect employee representatives letter, helping you understand the wider process, maintain appropriate documentation and follow a consistent approach.
If TUPE is proposed, send this model letter to the incoming employer to provide them with liability information for transferring employees.
If nominations for TUPE representatives has closed with more volunteers than required, issue this model letter template to provide notification of a ballot.
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. 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.
Yes. This template has been designed for organisations of all sizes, including small businesses, charities and growing employers. It follows UK employment law best practice and can be adapted to suit your organisation.
Our templates are developed with UK employment legislation, Acas guidance and HR best practice in mind and are reviewed and updated as relevant requirements change. However, every employment situation is different, so the template should be adapted to the circumstances and checked against the employee's contract and your organisation's procedures before use.
Yes, we highlight the areas of the document 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.
Yes. Once purchased, you'll be able to download it instantly. Templates are provided in editable format (such as .doc or .xls) so you can customise them easily, and in PDF format for easy sharing.
If you're looking for broader support, we also offer toolkits and library bundles that include the TUPE notification of intention to elect employee representatives letter template, along with other HR templates and policies for fully managing your situation. These may be more cost-effective if you need deeper advice.
AI can produce a document quickly, but effective HR documentation needs to be more than well-written words. It needs to reflect relevant UK employment law, HR best practice, practical considerations and the circumstances in which it will be used. These resources have been professionally developed around that wider HR context, drawing on extensive practical experience, rather than simply generating a generic document from a prompt.
Darryl Horn, Chartered HR Director
Darryl is a Chartered HR professional with over 25 years' experience in senior HR and employee relations roles.
He has extensive practical experience of managing tupe processes and founded hrdocbox to provide businesses with practical, professionally developed HR resources grounded in UK employment law and best practice.
"Darryl provides support and advice with excellent judgement, and has a strong understanding of people, policies and UK employment legislation."
"He is someone I trust; consistent, dependable, and committed to doing things properly."
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