TUPE pack

£ 25
25 templates
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Scripts
1

Forms
1

Letters
16

Policies
1

Guides
6

Our TUPE Templates Toolkit simplifies the TUPE process, ensuring smooth transfers and compliance with legal requirements.

If your business is undergoing a transfer or acquisition, our TUPE templates toolkit provides everything to navigate the process smoothly and ensure compliance. It's essential to comply with the Transfer of Undertakings (Protection of Employment) Regulations 2006. 

Our templates are designed to address the specific needs and challenges that arise during a business transfer. Whether it's a complete transfer of the business or part of the business, our templates cover all aspects, ensuring you have the right documents for your unique situation.

We also have budget-friendly bundles featuring this toolkit:

What is TUPE?

TUPE is the Transfer of Undertakings (Protection of Employment) Regulations. Its purpose is to protect employees if the business in which they are employed changes hands. Its effect is to move employees and any liabilities associated with them from the old employer to the new employer by operation of law.

TUPE can apply when employers:

  • sell or buy part or all of a business as a going concern;

  • outsource or make a "service provision change" involving either (a) an initial outsourcing of a service (e.g. where services transfer from the customer to an external contractor); (b) a subsequent transfer (e.g. where services transfer from the first external contractor to a different external contractor; and (c) bringing the service back in-house (e.g. where services transfer from an external contractor back to the customer)

  • grant or take over a lease or licence of premises and operate the same business from those premises.

TUPE has impacts for the employer who is making the transfer (also known as the outgoing employer, the old employer or the transferor) and the employer who is taking on the transfer (also known as the incoming employer, the new employer or the transferee).

TUPE pack
tupe pack
tupe pack

Which legal requirements and best practices should employers keep in mind?

  • Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE):

    • Applies to situations where a business or part of a business is transferred to a new employer or where a service provision change occurs.

    • Provides protection to employees' terms and conditions of employment during a business transfer or service provision change.

    • Ensures continuity of employment for transferred employees.

    • Requires employers to inform and consult with employees affected by the transfer or service provision change, as well as any trade unions or employee representatives, and provide them with information about the reasons for the transfer, the impact on employees, and any measures planned to be taken in relation to employees.

    • In addition:

      • The employment contracts of affected employees must be transferred to the new employer or service provider, and employees must be given the same terms and conditions of employment that they had with the previous employer, including continuity of employment.

      • Employees have the right to object to the transfer or service provision change if it would result in a substantial change to their working conditions or a breach of their employment contract.

      • Employers must not dismiss or make any changes to the terms and conditions of employment of employees affected by the transfer or service provision change solely because of the transfer, unless there is an economic, technical, or organisational (ETO) reason for doing so.

      • Employers must provide appropriate training and support to employees affected by the transfer or service provision change to help them adapt to their new working environment and job responsibilities.

It is important for employers to comply with TUPE regulations to avoid any potential legal challenges and to protect the rights and welfare of employees affected by a transfer or service provision change. In addiition the following legislation supports a successful transfer:

  • Employment Rights Act 1996:

    • Safeguards employees' rights in relation to unfair dismissal and redundancy.
    • Protects against detrimental treatment or dismissal due to the transfer.
  • Equality Act 2010:

    • Prohibits discrimination on the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
    • Ensures equal treatment and protection from discrimination during a transfer.
  • Trade Union and Labour Relations (Consolidation) Act 1992:

    • Preserves employees' rights to collective bargaining and trade union membership during a transfer.
    • Protects against unfair dismissal for reasons related to trade union membership or activities.
  • Working Time Regulations 1998:

    • Safeguards employees' rights regarding working time, rest periods, and annual leave entitlements.
    • Ensures that these rights are maintained during a transfer.
  • National Minimum Wage Act 1998:

    • Guarantees that employees receive at least the statutory minimum wage.
    • Maintains this protection during a transfer.
  • Transfer of Employment (Pension Protection) Regulations 2005:

    • Safeguards employees' pension rights during a transfer.
    • Ensures continuity of pension provision and protection of accrued pension benefits.
  • Employment Rights Act 1996 (Part XII):

    • Provides protection against unfair dismissal due to the transfer.
    • Preserves employees' rights and terms and conditions of employment.
  • Protection of Employment (Redundancy Payments) Regulations 1997:

    • Protects employees in the event of redundancy during a transfer.
    • Ensures they receive redundancy payments as per statutory entitlements.

PROCESS

The correct order to issue the documents follows the logical sequence of the TUPE process, starting with notifying employees about the possibility of a transfer and requesting necessary information, then moving onto the election of employee representatives and consultation with them regarding proposed measures. Next, the measures themselves are communicated and a ballot is conducted if necessary. Finally, confirmation of the transfer is given to representatives and employees, followed by communication regarding employee liability information and welcome/goodbye letters.

What's included?

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Guides
Guides

Comprehensive guide for UK employers navigating TUPE transfers, harmonising terms & conditions post-transfer for fairness & compliance.

If you are managing a TUPE transfer in or out, this model guide details the essentials of TUPE transfers, applying the relevant legislation.

If you are responsible for transferring employees IN to your organisation, this TUPE transfer guide will provide you with a clear, legal, step-by-step process.

If you are responsible for transferring employees OUT of your organisation, this TUPE transfer guide will provide you with a clear, legal, step-by-step process.

Use this model template to help the new employer understand their key obligations, and the timescales involved.

Use this model template to help the old employer understand their key obligations, and the timescales involved.

Policies
Policies

Ensure fair treatment & compliance with UK's TUPE regulations during business transfers with our comprehensive TUPE policy.

Letters
Letters

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

Communicate proposed TUPE measures, seek employee input, and ensure transparency during the transfer process with a concise confirmation letter

.

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.

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

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

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

If TUPE is proposed, send this model letter to affected employees to confirm the results of an election for employee representatives.

Our TUPE Goodbye Letter template ensures a smooth transition for employees affected by TUPE, providing them with essential information and support.

If TUPE is proposed, send this model letter template to the outgoing employer to detail measures that will be taken in connection with the transferring employees.

If nominations for TUPE representatives has closed with more volunteers than required, issue this model letter template to provide notification of a ballot.

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

If TUPE is proposed, send this model letter to employees to notify them of a proposed transfer of employment to an external organisation.

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

If TUPE is proposed, send this model letter to the incoming employer to request information about whether they intend to take any measures in relation to any of the transferring employees.

If TUPE is confirmed, send this model letter to any affected employee to request that they check their personal information before you send it to the incoming employer.

If TUPE is confirmed, send this model letter to any affected employee to welcome them, and confirm key information and joining arrangements.

Forms
Forms

Use this model ballot form in the election of employee information and consultation representatives, as part of a TUPE transfer.

Scripts
Scripts

Our TUPE Notification Meeting Script template guides discussions on the potential transfer, ensuring a clear and respectful communication process for all parties involved.