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TUPE employee representatives ballot form

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

Reading time
How long to understand and implement this form?
5 mins
Word count
How many words in this form?
262
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What is a TUPE employee representatives ballot form?

A TUPE employee representatives ballot form is a document used to facilitate the process of electing employee representatives in the context of a Transfer of Undertakings (Protection of Employment) Regulations (TUPE) transfer.

When a TUPE transfer occurs, it is required by law that the outgoing employer informs and consults with employee representatives about the transfer and its implications for the affected employees. The TUPE employee representatives are elected by the affected employees and act as a liaison between them and the employer during the consultation process.

The TUPE employee representatives ballot form is used to enable the affected employees to vote for the individuals who will represent them during the consultation process. The form typically includes information about the election process, the candidates standing for election, and instructions on how to vote.

The form must be completed in accordance with the TUPE regulations and the outcome of the ballot must be reported to the outgoing employer, who will then communicate the results to the affected employees.

Best practice timescale for this to be issued
When should this form be issued?
5 to 3 weeks before transfer
Issued by who, to whom
Who should issue this form, and to whom?
The Outgoing employer to the Employee
Applicable legal jurisdiction
In which jurisdiction can this form be used?
Great Britain & NI (United Kingdom)

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

Here are some key UK employment legislation related to TUPE that you may want to consider when creating a TUPE employee representatives ballot form, and why they are important to consider:

  • Trade Union and Labour Relations (Consolidation) Act 1992: This legislation provides protections for employees who wish to join a trade union or engage in collective bargaining. It also sets out the process for appointing employee representatives for the purpose of consulting with the employer during a TUPE transfer. It is important to consider this legislation when creating a ballot form to ensure that the process for appointing employee representatives is fair and transparent.
  • Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE): This legislation requires that employers inform and consult with employee representatives before a TUPE transfer takes place. It is important to consider this legislation when creating a ballot form to ensure that the employee representatives are appointed in a timely manner and have sufficient time to consult with their colleagues before the transfer takes place.
  • Employment Rights Act 1996: This legislation sets out the rights of employees to be consulted in certain situations, including TUPE transfers. It is important to consider this legislation when creating a ballot form to ensure that the consultation process is fair and transparent, and that all employees have an opportunity to express their views.
  • Data Protection Act 2018: This legislation sets out the rules for handling personal data. It is important to consider this legislation when creating a ballot form to ensure that the personal data of employees is handled in a lawful and transparent manner, and that employees are made aware of how their data will be used.

TUPE employee representatives ballot

Please fill in this form to elect [an employee representative/employee representatives] for the purposes of the informing and, where required or appropriate, consultation exercise on the proposed transfer of [details of transfer].

Please choose [one candidate by placing a tick in the box next to the name of the candidate/[number] candidates by placing ticks in the boxes next to the names of the candidates] you would like to elect.

[Please complete this form and post it in the ballot box available in the workplace from [time] on [date] until [time] on [date].]

[OR

Please complete this form and [post/email] it to [name and address] to arrive no later than [time] on [date].]

[If you are unable to attend the workplace to complete the ballot, please complete the form and return it to [name] by [time] on [date].]

Candidates [in your constituency]

Tick Candidate Notes
  [Name & role] [Notes (if applicable)]
  [Name & role] [Notes (if applicable)]
  [Name & role] [Notes (if applicable)]
  [Name & role] [Notes (if applicable)]
  [Name & role] [Notes (if applicable)] 

This ballot will be conducted in secret. Candidates will be selected [depending on who is first past the post].

The names of the successful candidates will be announced on [date], which is [the day after the ballot].

Confirmation

Signature:   Date:  

Version: [1.0]

Issue date: [date]

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In which communication or process sequence does this template belong?

Previous step
Letters
TUPE notification of ballot letter template

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

This step
TUPE employee representatives ballot form template
Next step
Letters
TUPE employee representative election results letter template

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

tupe employee representatives ballot form