TUPE measures letter template3 min read
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.
What is a TUPE measures letter?
The purpose of the letter is to inform the outgoing employer of any measures that the incoming employer plans to take, as required under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), and to enable them to consult with affected employees and their representatives.
This helps to ensure that the consultation process is conducted in a fair and transparent manner and provides evidence that both the outgoing and incoming employers have complied with their legal obligations under TUPE.
What legal and best practice aspects should employers be aware of?
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.
TUPE measures [Delete this line]
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 proposed transfer, employees will no longer be entitled to remain a member of [old company name]'s occupations pension scheme. In line with its obligations under the Transfer of Undertakings (Protection of Employment) Regulations 2006, [new company name] will offer access to its occupational pension scheme. [Describe new company's pension scheme]
Pay date and pay. [new company name] pays employees on [date] of the month. Therefore, after the transfer, employees will be paid on [date] of the month. Overtime will be paid one month in arrears. Payslips are issued electronically to the employees chosen email address.
Union recognition. [new employer name] has a recognition agreement with [trade union] and will not recognise any other union.
Policies and procedures. The [new company name] policies will apply to employees after the transfer. Any pay and/or benefits associated with [old company name] policy (for example, sick pay entitlement) will remain as per [old employer name] terms.
Details of any changes to the employees' terms and conditions of employment, including any changes to their salary, working hours, or benefits.
The new employer's plans for the future of the business and how these may affect the employees.
Information on any redundancies or restructuring that may take place as a result of the transfer.
Details of any training or support that will be provided to the employees to help them adapt to the new working environment.
Details of any health and safety policies that will be implemented to ensure a safe working environment for the employees.
Any information regarding the transfer of any outstanding debts or liabilities of the business.
I look forward to receiving full details of the employee liability information in due course, and should there be any additional measures identified because of the additional information supplied, I will notify you as soon as possible.
Yours [faithfully | sincerely],
[Sender job title]
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.
TUPE request to check personal information letter template
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.
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