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TUPE confirmation of proposed measures to employees letter template

Reading time 3 minutes (inc. support info). Reviewed 12/06/2023.
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Communicate proposed TUPE measures, seek employee input, and ensure transparency during the transfer process with a concise confirmation letter

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

In a TUPE (Transfer of Undertakings) transfer, it is common practice to issue a confirmation of measures letter to both affected employees and their representatives. This ensures that all parties involved are aware of the proposed measures and have an opportunity to review and provide feedback or raise any concerns. By including both employees and their representatives, such as trade unions or employee representatives, you can maintain transparency and facilitate effective communication throughout the transfer process. It is important to consult and engage with all relevant stakeholders to ensure a fair and inclusive approach during a TUPE transfer.

The purpose of a TUPE confirmation of proposed measures to employees letter is to inform employees about the specific measures that will be implemented during a transfer of undertakings (TUPE) process. This letter aims to provide clarity, transparency, and ensure that employees are aware of any changes that will affect their employment rights, benefits, or working conditions. 

TUPE confirmation of proposed measures to employees letter template
tupe confirmation of proposed measures to employees letter template

What legal and best practice aspects should employers be aware of?

  • Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE): TUPE regulations ensure that employees' rights and obligations are protected when a business or undertaking is transferred to a new employer. It requires the new employer to consult with employee representatives and provide information about the transfer, including any proposed measures affecting employees.

  • Employment Rights Act 1996: This legislation provides various employment rights, such as the right to written terms and conditions of employment, protection against unfair dismissal, redundancy rights, and the right to a minimum notice period. It ensures that employees are aware of their rights and entitlements during the transfer process.

  • Equality Act 2010: The Equality Act prohibits discrimination, harassment, and victimization in the workplace based on protected characteristics such as age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. It ensures that employees are treated fairly and equally during the transfer process.

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


[Company name]

[Sender address]

 

[date]

[Recipient name]

[Recipient address]

 

Dear [Recipient first name],

 

Confirmation of Proposed Measures and Consultation Under TUPE

We trust this letter finds you well. We are writing to formally confirm the proposed measures that will be implemented as part of the upcoming transfer of undertakings (TUPE) from [Current Company Name] to [New Company Name]. We want to ensure that you are fully informed and aware of the changes that will affect your employment. Additionally, we would like to emphasise that consultation with your employee representatives is currently underway to seek their input and agreement on these measures.

The proposed measures, which are in accordance with the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), are as follows:

  1. [Specific Measure 1]: [Provide details of the first proposed measure.]

  2. [Specific Measure 2]: [Provide details of the second proposed measure.]

  3. [Specific Measure 3]: [Provide details of the third proposed measure.]

We understand that the transfer may raise questions or concerns, and we want to assure you that your rights and entitlements will be protected throughout this process. We have initiated a consultation process with your employee representatives to ensure that their input is considered and that we can reach an agreement on these proposed measures. The consultation period will conclude on [Consultation End Date].

During this consultation period, we encourage you to share any feedback, concerns, or suggestions you may have regarding the proposed measures with your employee representatives. They will act as your voice during the consultation process and will engage in discussions with us on your behalf.

We are committed to maintaining open lines of communication throughout this process, and we will provide regular updates to keep you informed of the progress made during the consultation.

If you have any immediate questions or require further clarification, please do not hesitate to reach out to the HR department or your employee representative. We are here to address your concerns and provide any additional information you may need.

Thank you for your understanding and cooperation as we navigate this important transition. We appreciate your dedication and contributions to the company, and we remain committed to ensuring a smooth transfer for all employees involved.

Yours [faithfully | sincerely],

 

 

[Sender name]

[Sender job title]

[Sender telephone]
[Sender email]

Direction

The TUPE confirmation of proposed measures to employees letter template is issued by an employer
Employer
Issue path
The TUPE confirmation of proposed measures to employees letter template is issued to an employee
Employee

Timing

3 to 0 weeks before transfer.

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