TUPE notification of the possibility of transfer letter template3 min read
If TUPE is proposed, send this model letter to employees to notify them of a proposed transfer of employment to an external organisation.
The letter confirms that the process that the company will now be taking will be in accordance with the Transfer of Undertakings (Protection of Employment) Regulations 2006.
What is a TUPE notification of the possibility of transfer letter?
A TUPE notification of the possibility of transfer letter is a written document that an employer sends to employees to inform them that a business or part of a business may be transferred to a new employer, as required under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).
The TUPE notification of the possibility of transfer letter typically includes information such as the reason for the proposed transfer, the timing of the transfer, and the potential implications for employees, such as any changes to their terms and conditions of employment or the possibility of redundancy. The letter should also explain the employer's obligations under TUPE and provide information about the consultation process.
The purpose of the letter is to inform employees that their employment may be affected by the transfer and to provide them with information about their rights and the consultation process. This helps to ensure that the consultation process is conducted in a fair and transparent 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 being transferred to a new employer, TUPE requires the outgoing 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.
As soon as you become aware that there is a potential for part or all of your organisations operations to be transferred to an external organisation, irrespective of the size of the operation and the number of individuals assigned to the operation, you will need to assess the possibility that the transfer will be covered by TUPE.
It is essential that this is established early, not only to ensure that all legal duties arising from TUPE are actioned in advance of the transfer taking place, but also to ensure that you gain the confidence and co-operation of the staff that may be transferring out.
The application of TUPE depends on the particular circumstances of each case. Generally, it will be wise to assume that the regulations apply to any transfer.
Seek professional legal advice at this point.
TUPE notification of the possibility of transfer [Delete this line]
Dear [Recipient first name],
Possibility of TUPE transfer
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].
At this stage, we are still in the early stages of the process and no final decision has been made. However, we believe that it is important to inform you of the possibility of the transfer and to provide you with information about your rights and the consultation process under TUPE.
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 transfer and to advise you that the transfer will be handled in accordance with the Transfer of Undertakings (Protection of Employment) Regulations 2006.
We are committed to keeping you informed and will provide you with further information as soon as it becomes available.
Under TUPE, we are required 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. We will keep you informed of the progress of the transfer and any developments that may affect your employment.
If you have any questions or concerns, please do not hesitate to contact us.
Yours [faithfully | sincerely],
[Sender job title]
TUPE notification of the possibility of transfer meeting script
Our TUPE Notification Meeting Script template guides discussions on the potential transfer, ensuring a clear and respectful communication process for all parties involved.
TUPE request for information about measures letter template
If TUPE is proposed, send this model letter to the incoming employer to request information about whether they intend to take any measures in relation to any of the transferring employees.
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