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Termination document package
TUPE document library

Notification of the possibility of TUPE transfer letter template

When to use it

This letter informs employees of a proposed transfer of undertakings, and that the process that the company will now be taking will be in accordance with the Transfer of Undertakings (Protection of Employment) Regulations 2006.

[Company name]

[Sender address]

[date]

[Recipient name]

[Recipient address]

Dear [Recipient first name],

POSSIBILITY OF TRANSFER OF [OLD DEPARTMENT/COMPANY NAME] TO [NEW COMPANY NAME]

This letter is to advise you that discussions have been taking place about the possibility of [old company/department name] transferring to [new company name]. Should such a transfer occur, all existing assets would transfer to the ownership of [new company name], and all existing employees in [old company/department name] would automatically transfer from the employment of the Company to that of [new company name].

I am writing to you to notify you of this potential tran

The full Notification of the possibility of TUPE transfer letter template will be available once purchased.

Reviewed 30 April 2022

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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).