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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.
[Sender 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
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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.
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.
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.
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.
Yes. This template has been designed for organisations of all sizes, including small businesses, charities and growing employers. It follows UK employment law best practice and can be adapted to suit your organisation.
Our templates are developed with UK employment legislation, Acas guidance and HR best practice in mind and are reviewed and updated as relevant requirements change. However, every employment situation is different, so the template should be adapted to the circumstances and checked against the employee's contract and your organisation's procedures before use.
Yes, we highlight the areas of the document that you need to update with your own details, and where you need to make decisions to suit your situation. This saves you time and ensures that you meet best practice.
Yes. Once purchased, you'll be able to download it instantly. Templates are provided in editable format (such as .doc or .xls) so you can customise them easily, and in PDF format for easy sharing.
If you're looking for broader support, we also offer toolkits and library bundles that include the TUPE notification of the possibility of transfer letter template, along with other HR templates and policies for fully managing your situation. These may be more cost-effective if you need deeper advice.
AI can produce a document quickly, but effective HR documentation needs to be more than well-written words. It needs to reflect relevant UK employment law, HR best practice, practical considerations and the circumstances in which it will be used. These resources have been professionally developed around that wider HR context, drawing on extensive practical experience, rather than simply generating a generic document from a prompt.
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 processes and founded hrdocbox to provide businesses with practical, professionally developed HR resources grounded in UK employment law and best practice.
"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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