TUPE confirmation of proposed measures to representatives letter template

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If TUPE is proposed, send this model letter to representatives as confirmation of the proposed measures that will be taken in connection with the transfer. 

5 minute read • 1 February 2025
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TUPE confirmation of proposed measures to representatives letter

[Sender name]

[Sender address]

 

[date]

[Recipient name]

[Recipient address]

 

Dear [Recipient first name],

 

TUPE transfer - proposed measures

I am writing to you further to my letter of [date] in which I informed you that there would be a transfer of an undertaking from [name of transferor] to [name of transferee].

We now envisage that there will be measures taken in connection with employees who will transfer to [name of transferee]. I am writing to you to commence consultation about these proposed measures with a view to seeking your agreement to them. Consultation will end on [date].

The measures that we

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What is this for?

A TUPE confirmation of proposed measures to representatives letter is sent to employee representatives to inform them of any proposed measures that may affect employees following a business transfer, as required under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).

The TUPE confirmation of proposed measures to representatives letter typically includes information such as the proposed changes to employment terms and conditions, any proposed redundancies or changes to job roles, and the reasons for the proposed measures. The letter should also outline the process for consultation and the timeframe for making any decisions.

The purpose of the letter is to provide the employee representatives with detailed information about the proposed measures, to enable them to consult with their constituents and provide feedback to the employer. This helps to ensure that the consultation process is conducted in a fair and transparent manner and provides evidence that the employer has complied with its legal obligations under TUPE.

Extended guidance

tupe confirmation of proposed measures to representatives letter template

When a business or part of a business is transferred to a new employer, TUPE requires the employer 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. Certain specified information must be provided to the representatives long enough before the transfer to enable the outgoing employer to consult with them about it.

There is no set timetable for consultation, but the larger the transaction and the more staff affected, the longer the timetable will need to be.

If there is a failure to inform and consult, a complaint can be made to the Employment Tribunal. If successful, the Tribunal can award compensaton up to a maximum of 13 weeks pay per affected employee.

Documentation sequence

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TUPE confirmation of consultation to representatives letter template

If TUPE is proposed, send this model letter template to employee representatives as confirmation of consultation taking place.

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TUPE confirmation of proposed measures to representatives letter template
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Letters
TUPE confirmation of transfer to representatives letter template

If TUPE is confirmed, send this model template letter to representatives as confirmation that a transfer will take place under the provisions of TUPE.

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