TUPE notification of intention to elect employee representatives letter template4 minute read
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.
What is a TUPE notification of intention to elect employee representatives letter?
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.
What legal and best practice aspects should employers be aware of?
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.
TUPE notification of intention to elect employee representatives [Delete this line]
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 elected to represent their particular class of employee.
- The election will be conducted so as to secure that, so far as is reasonably practicable, those voting do so in secret and the votes given at the election are accurately counted.
Taking this into account, the Company would propose that there be [number] representatives [to represent the interests of all affected employees] OR [divided up by department/location as follows: set out details of departments and number of representatives per department]. The Company would propose that all representatives have a term of office of six months from the date of their appointment [or until the date of the TUPE transfer, if earlier].
As you are an affected employee, if you wish to nominate yourself to stand for election as a representative, you should return the attached nomination slip to (name) by no later than (date). After nominations have closed, we will send out further details about the election process. If, however, there are less nominations than the number of representatives proposed (or the same number of nominations as the number of representatives proposed), those nominees will be declared as automatically elected without the need for a ballot.
Please be aware that where affected employees fail to nominate or elect representatives, the Company may fulfil its obligations by providing the relevant TUPE transfer information in writing to each affected employee direct.
If you have any questions about the nomination or election process, please do not hesitate to speak to (name).
I wish to nominate myself as a representative for election to the employee representative committee for the purpose of the proposed TUPE transfer.
Please return to (name) by no later than (date).
Yours [faithfully | sincerely],
[Sender job title]
TUPE employee liability information letter template
If TUPE is proposed, send this model letter to the incoming employer to provide them with liability information for transferring employees.
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.
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