Use this model letter to outline any measures the new employer plans to take after a TUPE transfer that may affect the employees who are transferring.
A measures letter is issued by the incoming employer to the current employer.
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 new employer to the old employer before the transfer takes place to allow the old employer to consult with employees about the proposed measures in advance.
This document is suitable for use in England & Wales and Scotland, and was last reviewed and revised on 10 August 2022
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Dear [Recipient first name],
Re: possible transfer of [old department/company name] to [new company name] - 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. Followimg the proposed transfer, employees will no longer be entitled to remain a member of [old company name]'s occupations pension schem
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