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TUPE notification of ballot letter

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

How long to understand and implement this letter?
5 mins

How many words in this letter?
257

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What is a TUPE notification of ballot letter?

A TUPE notification of ballot letter is a written document that an employer sends to employees to inform them of a ballot that will be held to elect employee representatives, as required under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).

The TUPE notification of ballot letter typically includes information such as the purpose of the ballot, the timing and location of the ballot, and the process for nominating candidates and casting votes. The letter should also explain the importance of the election and the role of employee representatives in the consultation process.

The purpose of the letter is to ensure that employees are informed of the upcoming ballot and have the opportunity to participate in the process of electing their representatives. This helps to ensure that the consultation process is conducted in a fair and democratic manner and provides evidence that the employer has complied with its legal obligations under TUPE.

Elected employee representatives will represent all of your affected employees in the TUPE process.

The role of these representatives is to help you to inform and consult with employees about what this process means for them and for you.

When should this letter be issued?
5 to 3 weeks before transfer

Who should issue this letter, and to whom?
The Outgoing employer to the Employee

In which jurisdiction can this letter be used?
Great Britain & NI (United Kingdom)

What legislation and best practice guidelines have been taken into account in the development of this template?

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. The employer must also consult with any employee representatives, such as trade union representatives or elected employee representatives.

There is a statutory duty to consult and inform appropriate representatives prior to a transfer taking place. Failure to comply with this regulation could result in a complaint to an Employment Tribunal, which if upheld could result in compensation for each affected employee.

The appropriate representatives will normally be either the recognised trade union representatives for the affected staff groups, or directly elected staff representatives.

In organisations with fewer than 10 employees, if there is no recognised trade union or authorised staff representatives, you could either arrange an election with the affected employees to vote for representatives, or consult directly with every affected employee.

In organisations with more than 10 employees, if there is no recognised trade union or authorised staff representatives, employers must arrange elections with the affected employees to vote for representatives to consult about the transfer.

TUPE notification of ballot [Delete this line]

[Company name]

[Sender address]

[date]

[Recipient name]

[Recipient address]

Dear [Recipient first name],

Invitation to elect employee representatives

We refer to our letter dated [date] in which we invited nominations for representatives for election to the employee representative committee for the purpose of [the proposed transfer of the business of [give details of undertaking] to [name of transferee]] OR [the proposed service provision change of [give details of activities] from ourselves to [name of new service provider]].

Nominations have now closed and, as there are more nominations than the number of representatives proposed, we are proceeding to hold an election. For this purpose, a secret ballot paper is enclosed which includes details of the candidates standing for election. You may vote for as many candidates as there are representatives to be elected to represent [you] OR [your particular department/location]. Details of how many candidates you can vote for are set out on the ballot paper.

If you wish to vote, please complete the ballot paper by putting an ‘X’ in the box next to the name or names of your selected candidate(s) and [place it in the ballot box situated in [location]] OR [return it to [name] in the enclosed sealed envelope]. Please note that votes must be received by no later than [date] in order to be counted. Spoiled ballot papers will not be counted.

The outcome of the ballot will be notified to affected employees by [date] and it is then intended that consultation with the elected employee representatives will begin by no later than [date].

If you have any questions about the election process, please do not hesitate to speak to [name].

Yours [faithfully | sincerely],

[Sender name]

[Sender job title]

[Sender telephone]
[Sender email]

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In which communication or process sequence does this template belong?

Previous step

TUPE notification of intention to elect employee representatives letter template

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

This step

TUPE notification of ballot letter template

Next step

TUPE employee representatives ballot form template

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