TUPE confirmation of transfer to employees letter

TUPE confirmation of transfer to employees [Delete this line]

[Company name]

[Sender address]

[date]

[Recipient name]

[Recipient address]

Dear [Recipient first name],

Confirmation of TUPE transfer

As you will be aware from previous correspondence and discussions regarding the possibility of transferring [old department name] to [new company name], it has now been confirmed that this transfer is to take place on [date of transfer].

The main reason for this transfer is [detail the rationale for the transfer].

The transfer to the ownership of the [new company name] includes the transfer of all existing employees in the [old department name], from the employment of the Company, to that of the [new company name].

1. Transfer of Undertakings (Protection of Employment)

As you are currently employed in a post which is to be transferred with effect from [date of transfer], I am writing to confirm the details and to provide information about the transfer. This letter is formal notification that the transfer will be handled in accordance with the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the TUPE Regulations).

2. Legal, economic and social implications

As this will be a transfer covered by the TUPE Regulations the following will apply:

• The transfer represents a relevant transfer for the purposes of the regulations, and as such, all employees in posts funded by and working directly for the [old department name], will transfer to [new company name] on their existing terms and conditions of employment, with full continuity of service.
• If you are still in our employment immediately before the transfer, your contract of employment will automatically transfer to the new employer, who will be responsible for it as though it had originally been entered into between you and them.
• Your contract of employment will be modified so as to substitute [new company name] as your employer in place of [old company name]. In all other aspects your contract of employment will remain unchanged and you will transfer on the same remuneration, terms and conditions as applied at [old company name].
• Your period of continuous service with the Company will count as continuous employment with the new employer, so any statutory employment rights which are dependant on length of service, will count in your employment with the new employer.
• No steps will be taken by the Company to terminate your employment because of the transfer.
• In law, a refusal by you to be transferred to the new employer may be the same as resignation and there will be no entitlement to a redundancy payment.
• Pension provisions are excluded from the TUPE Regulations and it will not be possible for employees who are transferring to remain in the Company Pension Scheme. [new company name] will make arrangements to provide suitable alternative occupational pensions provision for yourself and your colleagues.
• [new company name] will assume all financial and managerial responsibility for the undertakings and assets of the [old company name].

3. Measures envisaged in connection with the transfer

The Company does / does not (delete) envisage making any changes to your existing working arrangements in advance of the date of the transfer.

[If changes are envisaged please list them here. These will include changes to existing work practices such as pay rates, job descriptions, hours of work, recognition and collective bargaining.]

You will receive further formal notification immediately prior to the transfer date and [new company name], as your future employer, will also contact you regarding your transfer. I will keep you informed of any developments as they arise.

Yours [faithfully | sincerely],

[Sender name]

[Sender job title]

[Sender telephone]
[Sender email]