Your browser does not support JavaScript

TUPE notification of the possibility of transfer letter template

3 min read
£ 20
Or, upgrade to our TUPE toolkit

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.

We also have budget-friendly bundles featuring this template:

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.

TUPE notification of the possibility of transfer letter template
tupe notification of the possibility of transfer letter template

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]


[Company name]

[Sender address]

 

[date]

[Recipient name]

[Recipient address]

 

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 name]

[Sender job title]

[Sender telephone]
[Sender email]

Direction

The TUPE notification of the possibility of transfer letter template is issued by an outgoing employer (TUPE)
Outgoing employer
Issue path
The TUPE notification of the possibility of transfer letter template is issued to an employee
Employee

Timing

8 weeks before transfer.

Sequence

Previous step
Scripts
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.

This step
TUPE notification of the possibility of transfer letter template
Next step
Letters
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.

Related articles

Why buy our TUPE notification of the possibility of transfer letter template?
  • You save time and effort with a professionally written, editable HR document that is tailored to meet best practice.
  • You ensure compliance with applicable ACAS Codes of Conduct and other legal requirements.
  • You get a process flowchart to help you adhere to best practice.
  • You are notified by email whenever this template or its supporting resources are updated.
  • You enjoy 12 months of unlimited access with no hidden fees or extra costs.
  • You unlock a 25% discount on all future purchases or renewals of our libraries, toolkits, and templates.

What do our customers say about us?

I have been using the service now for around 6 months and it has been really useful in developing and updating polices and processes.

- Jamie Allan, Armstrong Craven ★★★★★

Armstrong Craven logo

Read full review on Google

Excellent library of resources and templates which have made my job in my small business so much easier to manage HR for my employees...

- Emma Hunt ★★★★★

Read full review on Google

Great value and the site contains an extensive library of essential HR documents. I access the site probably once a week...

- Laura Alliss-Etty ★★★★★

Read full review on Google

A great source of information and advice. I can highly recommend hrdocbox.

- Georgina Loom, The Hygiene Bank

The Hygiene Bank logo

HRDocBox is a great resource. It is incredibly good value, providing a large selection of HR guidance materials as well as...

- Emma Beauchamp ★★★★★

Read full review on Google

Supporting Menopausal Employees and Avoiding Legal Risk
Thu, 22 Feb 24

Supporting Menopausal Employees and Avoiding Legal Risk

Guidance for Employers

The recent announcement from the Equality and Human Rights Commission (EHRC) clarifying the legal obligations surrounding menopause in the workplace has sparked important conversations...