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TUPE employee liability information letter template

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If TUPE is proposed, send this model letter to the incoming employer to provide them with liability information for transferring employees.

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What is a TUPE employee liability information letter?

A TUPE employee liability information (ELI) letter is a written document that the outgoing employer provides to the incoming employer to provide information about the employees who will transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).

The purpose of the letter is to enable the incoming employer to understand the employment liabilities and obligations that they will inherit as part of the transfer, and to enable them to make informed decisions about the future of the transferred employees. This helps to ensure that the employees' rights and interests are protected during the transfer process, and that the incoming employer is able to comply with its legal obligations under TUPE.

The TUPE ELI letter typically includes information such as the employees' names, dates of birth, and employment start dates, as well as their job titles, locations, and details of their employment contracts. The letter may also include information about any pension schemes, healthcare benefits, or other employee benefits that the employees are entitled to.

It should include, as a minimum:

  • age and identity of the employee(s).
  • core employment terms and conditions.
  • relevant details about grievances and disciplinary action.
  • relevant details about court or tribunal claims.
  • relevant information about collective agreements.
TUPE employee liability information letter template
tupe employee liability information letter template

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 the outgoing employer to provide the incoming employer with certain information about the employees who will transfer. This includes information about the employees' terms and conditions of employment, including any collective agreements, and any outstanding grievances or disciplinary procedures.

Information should be provided at least 28 days prior to the transfer.

The information must be accurate as as at a date no more than 14 days before the date of the letter.

If you fail to provide the employee liability information, or if the information you provide is inaccurate, the incoming employer could bring a claim against you for compensation.

You are required to provide the employee liability information in writing.

TUPE employee liability information [Delete this line]


[Company name]

[Sender address]

 

[date]

[Recipient name]

[Recipient address]

 

Dear [Recipient first name],

 

Proposed TUPE transfer - employee information

I write 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].

In accordance with regulation 1 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), I am pleased to provide you with the following information regarding the employees transferring:

  1. Ages and full names.
  2. The core employment terms and conditions.
  3. Details about any grievances and/or disciplinary action.
  4. Details about any relevant court or tribunal claims.
  5. Information about any relevant collective agreements.

This information is correct as at [date].

Yours [faithfully | sincerely],

 

 

[Sender name]

[Sender job title]

[Sender telephone]
[Sender email]

Direction

The TUPE employee liability information letter template is issued by an outgoing employer (TUPE)
Outgoing employer
Issue path
The TUPE employee liability information letter template is issued to an incoming employer (TUPE)
Incoming employer

Timing

4 weeks before transfer.

Sequence

Previous step
Letters
TUPE request for employee liability information letter template

If TUPE is proposed, send this model letter to the outgoing employer to request employee liability information.

This step
TUPE employee liability information letter template
Next step
Letters
TUPE notification of intention to elect employee representatives letter template

If TUPE is proposed, send this model letter to affected employees to them of an upcoming election process to determine representatives for consultation.

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