TUPE notification of the possibility of transfer letter
If TUPE is proposed, send this model letter to employees to notify them of a proposed transfer of employment to an external organisation.
The letter confirms that the process that the company will now be taking will be in accordance with the Transfer of Undertakings (Protection of Employment) Regulations 2006.
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What is a TUPE notification of the possibility of transfer letter?
A TUPE notification of the possibility of transfer letter is a written document that an employer sends to employees to inform them that a business or part of a business may be transferred to a new employer, as required under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).
The TUPE notification of the possibility of transfer letter typically includes information such as the reason for the proposed transfer, the timing of the transfer, and the potential implications for employees, such as any changes to their terms and conditions of employment or the possibility of redundancy. The letter should also explain the employer's obligations under TUPE and provide information about the consultation process.
The purpose of the letter is to inform employees that their employment may be affected by the transfer and to provide them with information about their rights and the consultation process. This helps to ensure that the consultation process is conducted in a fair and transparent manner and provides evidence that the employer has complied with its legal obligations under TUPE.
8 weeks before transfer
The Outgoing employer to the Employee
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 being transferred to a new employer, TUPE requires the outgoing 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.
As soon as you become aware that there is a potential for part or all of your organisations operations to be transferred to an external organisation, irrespective of the size of the operation and the number of individuals assigned to the operation, you will need to assess the possibility that the transfer will be covered by TUPE.
It is essential that this is established early, not only to ensure that all legal duties arising from TUPE are actioned in advance of the transfer taking place, but also to ensure that you gain the confidence and co-operation of the staff that may be transferring out.
The application of TUPE depends on the particular circumstances of each case. Generally, it will be wise to assume that the regulations apply to any transfer.
Seek professional legal advice at this point.
In which communication or process sequence does this template belong?
TUPE notification of the possibility of transfer meeting script
Our TUPE Notification Meeting Script template guides discussions on the potential transfer, ensuring a clear and respectful communication process for all parties involved.
TUPE request for information about measures letter template
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.
