TUPE confirmation of transfer to representatives letter

TUPE confirmation of transfer to representatives [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 [rationale].

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 the Trade Union / employee representative (delete) for the individuals directly affected by the transfer, I am writing to notify you formally that the transfer will be handled in accordance with the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the TUPE Regulations) and to provide information about the transfer in accordance with the Company's obligations under regulation 10 of the Transfer of Undertakings (Protection of Employment) Regulations.

2. Legal, economic and social implications

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

a) 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 [old department/company name], will transfer to [new company name] on their existing terms and conditions of employment, with full continuity of service.

b) Employees who are in the employment of the Company immediately before the transfer, will automatically transfer to the new employer, who will be responsible for their contracts of employment as though they had originally been entered into between the employee and the new employer.

c) Their contracts of employment will be modified as to substitute [new company name] as the employer in place of [old company name]. In all other aspects their contract of employment will remain unchanged and they will transfer on the same remuneration, terms and conditions as applied at [old company name].

d) The period of continuous service with the Company will count as continuous employment with the new employer, so any statutory employment rights which are dependent on length of service, will count in their employment with the new employer.

e) No steps will be taken by the Company to terminate the employment of any member of staff because of the transfer.

f) In law, a refusal to be transferred to the new employer would be regarded as a resignation and there would be no entitlement to a redundancy payment. The individual's contract of employment would terminate at the time of the transfer.

g) Pension provisions are excluded from the TUPE Regulations and it will not be possible, unless the transfer is to an employer in membership of the same scheme, for employees who are transferring to remain in the Company Staff Pension Scheme. [new company name] will make arrangements to provide suitable alternative occupational pensions provision for the transferring employees.

h) [new company name] will assume all financial and managerial responsibility for the undertakings and assets of the [old department/company name].

3. Measures envisaged in connection with the transfer

The Company does / does not (delete) envisage making any changes to the working arrangements of the individuals who will be transferring in advance of the date of transfer.

[If changes are envisaged please list them here]

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

Yours [faithfully | sincerely],

[Sender name]

[Sender job title]

[Sender telephone]
[Sender email]