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View full libraryA TUPE notification of the possibility of transfer letter for informing affected employees that their employment may transfer to another employer and explaining what is currently known, what the potential transfer could mean and how employees will be kept informed.
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If you are managing a TUPE transfer, the toolkit brings together practical HR templates covering planning, employee information, consultation, transfer and integration.
This template brings together the key information, sections and considerations you need to create a clear, comprehensive and professional HR document. Preview the document below.
[Sender name]
[Sender address]
[date]
[Recipient name]
[Recipient address]
Dear [Recipient first name],
Notification of possible TUPE transfer
I am writing to let you know that the Company is currently considering arrangements that may result in your employment transferring to another employer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).
At this stage, the proposed transfer has not yet been completed and some aspects of the arrangements remain subject to [due diligence / contractual discussions / final approval / other relevant condition]. We want to keep you informed as the position develops and provide you with as much information as we reasonably can.
What is being considered?
The Company is currently considering [describe the proposed business transfer, outsourcing, insourcing, service provision change or other relevant transaction].
The potential incoming employer is [New Employer Name].
The reason for the proposed change is [insert clear explanation of the business reason].
The potential transfer is currently expected to take place on or around [provisional transfer date], although this date may change as the arrangements develop.
What could this mean for you?
If the proposed arrangements proceed and TUPE applies, your employment may transfer from [Current Employer Name] to [New Employer Name].
Where TUPE applies, employees generally transfer with their existing employment rights and contractual terms protected.
You've seen 40% of how the TUPE notification of the possibility of transfer letter template is structured. Get the complete editable template instantly and customise it for your organisation.
Where a business transfer, service provision change or other transaction may result in employees transferring to another employer under TUPE, early communication can help reduce uncertainty and maintain trust. This letter provides a practical way to tell affected employees that a transfer is being considered before the position is finalised.
The letter explains what is currently being considered, who the potential incoming employer is, why the transfer is being considered and the anticipated timescale. It can be adapted where discussions are still subject to due diligence, contractual arrangements or other conditions.
At the early stage, some information may not yet be confirmed. The letter separates confirmed information from matters that remain subject to discussion, helping avoid giving employees assurances about arrangements that have not yet been finalised.
The communication can explain that TUPE may protect affected employees' employment and existing rights, while making clear that further information will be provided as the proposal develops. It can also explain that any measures or proposed changes will be addressed through the appropriate information and consultation process.
Early notification does not replace the statutory TUPE information and consultation process. Once the transfer is sufficiently developed, the employer must ensure that the appropriate affected employees and representatives receive the required information and, where applicable, are consulted about measures affecting employees.
Related HR resources and workflow
Explore the HR resources that may be relevant before and / or after using the TUPE notification of the possibility of transfer letter, helping you understand the wider process, maintain appropriate documentation and follow a consistent approach.
Our TUPE Notification Meeting Script template guides discussions on the potential transfer, ensuring a clear and respectful communication process for all parties involved.
A request for information about TUPE measures letter for an outgoing employer to send to the incoming employer, asking them to confirm any measures they envisage taking in connection with the transfer so that the outgoing employer can provide appropriate information to affected employees or their representatives.
Use these best practice actions, recommended timescales and process stages to understand when and how the TUPE notification of the possibility of transfer letter should be used, helping ensure each step is handled consistently and appropriately documented.
Understand the common mistakes to avoid when using this HR template, helping you reduce risk, prevent unnecessary costs and ensure the process is handled correctly.
No. This template is specifically designed for notifying employees that a transfer is being considered or is a realistic possibility. The wording should be adapted to make clear whether the transaction is proposed, subject to conditions or already agreed in principle.
Acas recommends considering early communication about a potential transfer, particularly to reduce uncertainty and concerns. The statutory TUPE information and consultation obligations apply once the transfer is sufficiently established and must be completed before the transfer where required. https://www.acas.org.uk/inform-and-consult-staff-in-a-tupe-transfer/when-you-should-inform-and-consult
No. It is an early communication tool and should not be used as a substitute for the statutory information and consultation process. Where measures are expected to affect employees, genuine and meaningful consultation with the appropriate representatives or employees is required. https://www.acas.org.uk/inform-and-consult-staff-in-a-tupe-transfer/how-to-inform-and-consult-staff
The communication should normally be provided to employees who may be affected by the potential transfer. This can include employees transferring, employees remaining behind whose work may be affected and, in some circumstances, employees already working for the incoming employer. https://www.acas.org.uk/inform-and-consult-staff-in-a-tupe-transfer/who-you-must-inform-and-consult
Employers should avoid making absolute assurances before the position is fully understood. TUPE generally protects existing employment rights and terms, but the precise implications of a transfer should be explained carefully and any proposed measures should be addressed through the appropriate process.
AI can produce a generic TUPE announcement, but TUPE communications need to distinguish between an early notification of a possible transfer and the formal statutory information and consultation process. HRDocBox templates are structured around practical UK TUPE processes and help employers communicate what is known without accidentally presenting an uncertain transaction as final or treating an early letter as a substitute for consultation.
How this content is developed and reviewed
The TUPE notification of the possibility of transfer letter template is developed using a practical HR methodology that considers current UK employment legislation, ACAS guidance, CIPD good practice and the real-world HR process it supports. Templates and supporting information are regularly reviewed and updated, with additional reviews triggered by significant changes to legislation, guidance or established HR practice, helping ensure each document remains practical, relevant and suitable for UK employers.
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 HR processes and founded hrdocbox to provide businesses with practical, professionally developed HR resources grounded in UK employment law and best practice.
HRDocBox has been creating practical UK HR documents since 2009.
"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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