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TUPE confirmation of proposed measures to representatives letter template

Reading time 2 minutes (inc. support info). Reviewed 08/03/2023.
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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. 

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

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.

TUPE confirmation of proposed measures to representatives letter template
tupe confirmation of proposed measures to representatives 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 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.

TUPE confirmation of proposed measures to representatives [Delete this line]


[Company 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 envisage are as follows [examples]:

  • Pension. Followimg 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. 

I would be grateful if you would send to me any representations that you have in respect of these proposed measures. We will review them, and if any are rejected we will state the reasons for this.

Yours [faithfully | sincerely],

 

 

[Sender name]

[Sender job title]

[Sender telephone]
[Sender email]

Direction

The TUPE confirmation of proposed measures to representatives letter template is issued by an incoming employer (TUPE)
Incoming employer
Issue path
The TUPE confirmation of proposed measures to representatives letter template is issued to an employee representatives
Employee reps

Timing

3 to 0 weeks before transfer.

Sequence

Previous step
Letters
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.

This step
TUPE confirmation of proposed measures to representatives letter template
Next step
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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