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If TUPE is proposed, send this model letter template to the outgoing employer to detail measures that will be taken in connection with the transferring employees. This is essential to allow the outgoing employer to meet its obligations to inform and consult.
[Sender name]
[Sender address]
[date]
[Recipient name]
[Recipient address]
Dear [Recipient first name],
Proposed TUPE transfer - measures
I write further to our ongoing discussions regarding the proposed transfer of [old department/company name] to [new company name], following which the employees within [old department/company name] will transfer to [new company name]. It is anticipated that the transfer will take place within [weeks] weeks.
It is understood that this transfer will constitute a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006.
I am writing to provide you with information regarding the measures that it is envisaged that [new company name] may take which would affect employees who transfer from [old department/company name]. The information in this measures letter is provided pursuant to regaulation 13 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).
The measures that may affect these employees are set out below [these are examples - update / delete where appropriate]:
Pension. Following the
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A TUPE measures letter is used by an incoming employer to notify the outgoing employer of any measures it envisages taking in connection with a proposed transfer. The information forms part of the wider TUPE process and helps the outgoing employer understand the proposed changes so that the appropriate information and consultation arrangements can take place with affected employees and their representatives.
The letter will typically set out any measures the incoming employer envisages taking in relation to affected employees following the transfer. Depending on the circumstances, this may include proposed changes to working arrangements, reporting structures, location, systems, policies or other employment-related matters.
TUPE requires employers to provide relevant information and, where applicable, consult with appropriate employee representatives. The timing and detail required will depend on the circumstances of the proposed transfer, so the measures information should be prepared and communicated sufficiently in advance to support the wider information and consultation process.
Clearly documenting the measures envisaged by the incoming employer helps both parties understand the proposed arrangements and provides a written record for the wider TUPE process. It can also help identify issues that need to be considered as part of employee information and consultation.
Before preparing the letter, the incoming employer should identify any measures it genuinely envisages taking and consider how these may affect transferring employees. Both employers should also establish who the appropriate employee representatives are and ensure that the wider TUPE information and consultation requirements are addressed.
Tip: Avoid using the measures letter as a substitute for the wider TUPE information and consultation process. The letter should clearly communicate the measures envisaged by the incoming employer, while the appropriate information and consultation arrangements should be managed separately and in accordance with the applicable TUPE requirements.
Related HR resources and workflow
Explore the HR resources that may be relevant before and / or after using the TUPE measures letter, helping you understand the wider process, maintain appropriate documentation and follow a consistent approach.
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.
If TUPE is confirmed, send this model letter to any affected employee to request that they check their personal information before you send it to the incoming employer.
When a business or part of a business is transferred to a new employer, TUPE requires both the outgoing and incoming employers 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.
If there are any changes or proposals for changes following the transfer, these measures will have to be discussed with the representatives of the affected employees. Failure to do so could lead to claims being brought against the new employer. The new employer is required to provide the old employer with information on proposed measures to allow the old employer to comply with their duty to inform and consult.
A measures letter should be provided by the incoming employer to the outgoing employer before the transfer takes place to allow the outgoing employer to consult with employees about the proposed measures in advance.
The term “measures” is not defined in the TUPE Regulations but that it has been held to encompass any action, step or arrangement in connection with a transfer, whether or not these are considered to be advantageous or disadvantageous to employees.
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 measures 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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