TUPE notification of the possibility of transfer letter template
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.
- 1 page / 228 words.
- Last updated 08/03/2023.
- Designed for United Kingdom use.
- Suitable for use in other territories; check local laws first.
- Instantly download as Word / PDF / plain text, or send by email.
- Includes 12 months’ access, with all updates to this page provided free of charge and notified to you.
TUPE notification of the possibility of transfer letter
[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.
It is usually delivered to the Employee by the Outgoing employer.
It should be actioned 8 weeks before transfer.
Compliance
Compliance
This TUPE notification of the possibility of transfer letter template incorporates relevant UK laws and HR standards, including those listed below:
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.
Flowchart
Flowchart
Check which resources should be implemeted before and/or after the TUPE notification of the possibility of transfer letter template, to understand the workflow.
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.
Request for information about TUPE measures letter
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.
Frequently Asked Questions
Frequently Asked Questions
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Can I use this template in my small business?
Yes. The TUPE notification of the possibility of transfer letter template is designed to be flexible and suitable for organisations of all sizes, including small businesses and charities. It follows UK employment law best practice, so even if you don't have an in-house HR team, you can confidently apply it.
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Is this template compliant with 2025 UK employment law?
Absolutely. All of our templates are drafted with the latest ACAS guidance and UK employment legislation in mind. We review and update them regularly, so you can be confident they remain compliant.
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Can I customise it for my organisation?
Yes, we highlight the areas 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.
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Do I get instant access?
Yes. Once purchased, you'll be able to download it instantly. Templates are provided in editable Word or Excel format so you can customise them easily, and in PDF format for easy sharing.
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What if I need more help, not just this template?
If you're looking for broader support, we also offer toolkits and library bundles that include this template, along with other HR templates and policies for fully managing your situation. These may be more cost-effective if you need deeper advice.
