TUPE measures letter template

UK employment law and best practice

This template is designed to support the process, but the document should be used alongside the relevant HR procedure and applied to the circumstances of the individual case.

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) place specific obligations on employers to inform and, where required, consult affected employees or their representatives about a transfer and measures that may affect them. Acas describes informing and consulting as a legal obligation and emphasises that consultation should be genuine and meaningful. :contentReference[oaicite:1]{index=1}

What must employees be told?

The information provided should cover the fact that the transfer is taking place, when it is expected to happen and why. It should also include any measures that the new employer envisages taking which may affect transferring employees, together with the legal, economic and social implications of the transfer. :contentReference[oaicite:2]{index=2}

Examples of measures can include changes to working hours, workplace location, pay dates, working patterns, pension arrangements, reporting structures or possible redundancies. The measures letter provides a practical way of setting out this information clearly rather than leaving employees to interpret the implications themselves. :contentReference[oaicite:3]{index=3}

Who should be informed and consulted?

Where there is a recognised trade union, the appropriate union representatives should be involved. Where there is no recognised union, affected employees should normally be represented by appropriate employee representatives, subject to the rules that allow direct consultation in certain smaller organisations or transfers. :contentReference[oaicite:4]{index=4}

The changes introduced from 1 July 2024 allow employers to consult employees directly where the employer has fewer than 50 employees or fewer than 10 employees are transferring, subject to the conditions in TUPE. Employers should therefore check which consultation route applies rather than automatically assuming that representatives must be elected. :contentReference[oaicite:5]{index=5}

What does meaningful consultation involve?

Acas states that consultation must be genuine and meaningful. Employers should listen to representatives and affected employees, seriously consider their responses and suggestions and try to reach agreement where possible. An employer does not have to accept every suggestion, but it should be able to demonstrate that proposals were properly considered. :contentReference[oaicite:6]{index=6}

This is why a measures letter should describe proposals rather than presenting every measure as an irreversible decision. Where a suggestion is rejected, good practice is to explain the reasoning rather than simply stating that the proposal will not be adopted.

When should consultation take place?

There is no fixed statutory consultation period for TUPE. Acas states that employers must allow enough time to inform and fully consult before the transfer and recommends starting the process as early as possible. The appropriate period will depend on the size and complexity of the transfer and the nature of the proposed changes. :contentReference[oaicite:7]{index=7}

Responsibilities of the incoming and outgoing employer

Both the old and new employers have responsibilities under TUPE. The new employer must provide information about measures it envisages taking to the old employer, which must then pass the relevant information to representatives of affected employees. :contentReference[oaicite:8]{index=8}

In practice, both employers should coordinate their communications carefully so that employees receive accurate and consistent information. Acas also recommends that employers agree what will be communicated before meetings to avoid misunderstandings. :contentReference[oaicite:9]{index=9}

Who counts as an affected employee?

The consultation requirements can extend beyond employees who are transferring. Acas identifies affected employees as including transferring employees, employees remaining with the old employer whose work is affected by colleagues transferring out and employees already working for the new employer whose work is affected by incoming employees. :contentReference[oaicite:10]{index=10}

Employers should therefore consider the wider organisational impact rather than limiting their assessment to the employees whose contracts are moving between employers.

Consequences of failing to inform and consult

Failure to comply with TUPE information and consultation obligations can result in employment tribunal claims. Acas states that compensation can be up to 13 weeks' uncapped gross pay for each affected employee, depending on the circumstances. The old and new employers can also face liability. :contentReference[oaicite:11]{index=11}

A well-prepared measures letter cannot, by itself, satisfy the full TUPE consultation obligation. It should form part of a wider process that includes appropriate representatives, timely information, genuine consultation and proper consideration of responses.

Good TUPE practice

Good practice is to communicate early, use clear language, make information accessible and provide routes for employees to ask questions and raise concerns. Acas also recommends ensuring affected employees can access information, including employees who are absent or who may need reasonable adjustments to access the information. :contentReference[oaicite:12]{index=12}

The measures letter therefore works best as one part of a structured TUPE communication process, supported by consultation records, meeting notes and clear evidence of how employee and representative feedback has been considered.