Name: TUPE confirmation of proposed measures (to employee representatives) letter template | Sep 26
Brand: HRDocBox
SKU: HRDBOX-381
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What's included in this template?

This template brings together the key information, sections and considerations you need to create a clear, comprehensive and professional HR document. Preview the document below.

Transfer and consultation details
Summary of proposed measures
Impact on affected employees
Implementation arrangements
Representative feedback and consultation
Further information and contact arrangements

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Template

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Email

[Sender name]

[Sender address]

[date]

[Recipient name]

[Recipient address]

Dear [Recipient first name],

TUPE transfer – confirmation of proposed measures

I am writing further to the information provided to you regarding the proposed transfer of [business / undertaking / service] from [Transferor Name] to [Transferee Name], which is currently expected to take place on or around [Transfer Date].

As part of the TUPE information and consultation process, we are writing to confirm the measures that [Company Name] currently envisages taking in connection with the transfer in relation to the affected employees.

The measures set out below represent the Company's current proposals. They are provided to support the consultation process and are not intended to prevent representatives from raising questions, expressing views or suggesting alternative arrangements.

Transfer details

Transferor:
Transferee:
Proposed transfer date:
Employees affected:
Employee representatives:

Proposed measures

The measures currently envisaged by [Company Name] are set out below.

Working arrangements

[Set out any proposed changes to working hours, working patterns, shift arrangements, flexibility, attendance requirements or other working arrangements.]

Workplace / location

[Set out any proposed change to the employee's workplace, location or arrangements for attending different locations.]

Organisation and reporting arrangements

[Set out any proposed changes to reporting lines, management structures, team arrangements, responsibilities or organisational structure.]

Systems and processes

[Set out any proposed changes to systems, procedures, payroll arrangements, HR processes, IT systems or other operational arrangements.]

Policies and procedures

[Set out any proposed changes to the policies or procedures that will apply following the transfer, making clear where existing arrangements will

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What is a TUPE confirmation of proposed measures (to employee representatives) letter?

TUPE confirmation of proposed measures (to employee representatives) letter template preview

During a TUPE transfer, employers must provide appropriate information to affected employees and their representatives and, where measures are envisaged, consult with the appropriate representatives about those measures. This letter provides a structured way to confirm the proposed measures in writing and give representatives a clear basis for consultation.

Confirming the measures being proposed

The letter sets out the measures the employer currently envisages taking in connection with the transfer. These might include changes to working arrangements, reporting structures, location, systems, policies, pay dates, working patterns or other aspects of how work is organised.

Giving representatives meaningful information

The information should be sufficiently clear and detailed to allow representatives to understand the proposed measures and consider their potential impact on affected employees. The letter provides space to explain the reasons for each measure and when it is expected to take effect.

Supporting consultation

Confirming proposed measures in writing should support rather than replace consultation. Representatives should have a genuine opportunity to ask questions, express views and suggest alternatives, and the employer should give those views genuine consideration.

Recording the consultation position

The letter creates a useful record of the employer's position at that stage of the TUPE process. Where proposals subsequently change as a result of consultation, the employer should provide appropriate updated information and continue consultation where required.

Example

A business is transferring a small operation to a new employer under TUPE. The incoming employer has reviewed how the transferred employees will work following the transfer and envisages several measures, including moving the employees to a different workplace, introducing a new payroll date and changing some reporting arrangements.

The incoming employer provides the relevant employee representatives with a written confirmation of the proposed measures. The letter explains what is proposed, why each measure is being considered, when it is expected to happen and the anticipated effect on the affected employees.

The representatives raise concerns about the proposed workplace location and ask whether alternative arrangements could be considered. They also question whether the payroll change can be delayed to avoid disruption during the transfer.

The employer considers the points raised and agrees to amend the proposed implementation arrangements. The updated position is communicated to the representatives and further consultation takes place before the transfer. The original and updated information provide a clear record of how the proposals developed during the consultation process.

The wider HR process

Related HR resources and workflow

Explore the HR resources that may be relevant before and / or after using the TUPE confirmation of proposed measures (to employee representatives) letter, helping you understand the wider process, maintain appropriate documentation and follow a consistent approach.

TUPE confirmation of consultation (to representatives) letter

This letter confirms that information has been provided to employee representatives about a proposed transfer and sets out the arrangements for consultation under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).

This

TUPE confirmation of proposed measures (to employee representatives) letter

TUPE transfer confirmation (to employee representatives) letter

The TUPE Transfer Confirmation Letter to Employee Representatives formally confirms the transfer arrangements to recognised trade union representatives or other appropriate employee representatives.

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Implementation guidance

Use these best practice actions, recommended timescales and process stages to understand when and how the TUPE confirmation of proposed measures (to employee representatives) letter should be used, helping ensure each step is handled consistently and appropriately documented.

Step	Description	Responsibility	Timing
1	Identify the affected employees, appropriate representatives and the measures the employer currently envisages in connection with the transfer.	HR / Employer	Before consultation
2	Prepare clear written information explaining each proposed measure, its reason, likely impact and anticipated timing.	HR / Employer	Before issuing
3	Provide the confirmation to the appropriate representatives in good time to allow them to consider the proposals and prepare for consultation.	HR / Employer	Before relevant measures
4	Meet with representatives, listen to their views and consider questions, concerns and alternative proposals in good faith.	Employer / Representatives	During consultation
5	Record the outcome, communicate any changes to the proposed measures and continue consultation where proposals develop.	HR / Employer	Throughout consultation

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Common mistakes

Understand the common mistakes to avoid when using this HR template, helping you reduce risk, prevent unnecessary costs and ensure the process is handled correctly.

Treating confirmation of proposed measures as the end of the consultation process.
Providing vague descriptions that do not allow representatives to understand the likely impact on employees.
Failing to provide the information early enough for meaningful consultation.
Presenting proposed measures as final decisions when consultation is still required.
Failing to consider or respond properly to points raised by employee representatives.
Failing to update representatives when proposed measures change during the consultation process.

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HR considerations

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.

TUPE information and consultation duties

Under TUPE, employers must inform appropriate representatives of affected employees about the transfer and specified matters relating to it. Where the employer envisages taking measures in connection with the transfer, the employer must also consult the appropriate representatives about those measures with a view to seeking their agreement. https://www.legislation.gov.uk/uksi/2006/246/regulation/13

What counts as a measure

Measures can include changes that affect employees in connection with the transfer, such as redundancies, changes to the location of work, pay dates, working patterns, pension arrangements or trade union recognition and collective bargaining arrangements. Employers should consider carefully whether any anticipated change could amount to a measure. https://www.acas.org.uk/inform-and-consult-staff-in-a-tupe-transfer/what-you-must-inform-and-consult-about

Providing information in good time

Information should be provided early enough to enable representatives to understand the proposals, consider them and prepare for consultation. The precise timing will depend on the circumstances and the nature of the transfer and proposed measures. https://www.acas.org.uk/inform-and-consult-staff-in-a-tupe-transfer/when-to-inform-and-consult

Consultation must be genuine

Consultation means more than simply notifying representatives of decisions that have already been made. Employers should listen to representatives' views, consider their suggestions and seek agreement about proposed measures where the TUPE regulations require consultation. https://www.acas.org.uk/inform-and-consult-staff-in-a-tupe-transfer/how-to-inform-and-consult

Who should be consulted

Where affected employees are represented by a recognised trade union, the appropriate trade union representatives should normally be consulted. Where there is no recognised trade union, the appropriate employee representatives should be involved in accordance with TUPE. Certain employers may be able to inform and consult employees directly under the rules applying to small businesses and transfers involving fewer employees. https://www.gov.uk/transfers-takeovers/consulting-and-informing

Transferor and transferee responsibilities

Both the old employer and the new employer have TUPE information and consultation responsibilities. The transferor must provide affected employees' representatives with information about any measures the transferee envisages taking in relation to transferring employees, while the transferee must provide the transferor with sufficient information to enable it to comply with its obligations. https://www.legislation.gov.uk/uksi/2006/246/regulation/13

Changes to proposed measures

If proposed measures change during consultation, employers should provide updated information and consult further where appropriate. Keeping a clear record of the evolving proposals and representatives' views can help demonstrate that the consultation process was genuine and properly conducted.

Failure to inform and consult

Failure to comply with TUPE's information and consultation requirements can result in compensation being awarded to affected employees. The maximum award can be up to 13 weeks' uncapped pay for each affected employee. https://www.acas.org.uk/inform-and-consult-staff-in-a-tupe-transfer/if-an-employer-does-not-inform-or-consult

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FAQs

Who should receive confirmation of the proposed TUPE measures?

The confirmation should be provided to the appropriate representatives of the affected employees. This will normally be recognised trade union representatives where a recognised union is involved, or appropriate employee representatives where there is no recognised union.

What should be included in a TUPE proposed measures letter?

The letter should clearly explain the measures the employer envisages taking in connection with the transfer, why they are proposed, who they are likely to affect, when they are expected to take effect and any other information representatives need to understand and discuss them.

Does sending this letter satisfy the TUPE consultation obligation?

No. The letter provides information about the proposed measures but does not, by itself, complete the consultation process. Where consultation is required, the employer must give representatives an opportunity to express their views and genuinely consider those views.

Can proposed measures change after this letter is issued?

Yes. Consultation may result in measures being amended, removed or replaced. Where proposals change, the employer should provide appropriate updated information and consult further where necessary.

Can the employer take measures before consultation has finished?

Employers should take care not to present proposed measures as irreversible decisions before the required consultation has taken place. TUPE consultation is intended to provide an opportunity to discuss measures and seek agreement where appropriate.

Why use HRDocBox rather than AI?

AI can produce a generic TUPE letter, but TUPE information and consultation involves specific UK legal requirements and timing considerations. HRDocBox provides a structured starting point specifically focused on confirming proposed measures to employee representatives, while recognising that the letter forms part of a wider consultation process rather than replacing it.

How this content is developed and reviewed

The TUPE confirmation of proposed measures (to employee representatives) letter template is developed using a practical HR methodology that considers current UK employment legislation, ACAS guidance, CIPD good practice and the real-world HR process it supports. Templates and supporting information are regularly reviewed and updated, with additional reviews triggered by significant changes to legislation, guidance or established HR practice, helping ensure each document remains practical, relevant and suitable for UK employers.

About the author

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 HR processes and founded hrdocbox to provide businesses with practical, professionally developed HR resources grounded in UK employment law and best practice.

HRDocBox has been creating practical UK HR documents since 2009.

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