Request for information about TUPE measures letter

Name: Request for information about TUPE measures letter
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£7

Template words
392

Reading time
10 mins

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. This is essential to allow the outgoing employer to meet its obligations to inform and consult.

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What is a Request for information about TUPE measures letter?

A request for information about TUPE measures letter requests information about any measures that the outgoing employer has taken or plans to take in relation to the employees who are affected by the transfer. It is sent by the incoming employer to the outgoing employer as required under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).

The measures can include changes to terms and conditions of employment, redundancies, or any other significant changes that may affect the transferred employees. The incoming employer is required to obtain this information to assess the potential impact of the transfer on the employees and to comply with their obligations under TUPE.

The purpose of the letter is to ensure that the incoming employer has access to all the necessary information about the measures that the outgoing employer has taken or plans to take in relation to the transferred employees. It also helps to ensure that the transfer of employees is conducted in a fair and transparent manner and provides evidence that both employers have complied with their legal obligations under TUPE.

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 Incoming employer

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

Sequence

Previous step

TUPE notification of the possibility of transfer letter template

If TUPE is proposed, send this model letter to employees to notify them of a proposed transfer of employment to an external organisation.

This step

Request for information about TUPE measures letter template

Next step

TUPE measures letter template

If TUPE is proposed, send this model letter template to the outgoing employer to detail measures that will be taken in connection with the transferring employees.

Compliance

The term “measures” is not defined in the TUPE Regulations but that it has been held to encompass any action, step or arrangement in connection with a transfer, whether or not these are considered to be advantageous or disadvantageous to employees.

Employers involved in a business transfer must inform and consult with appropriate representatives of the affected employees about the transfer and any measures proposed. Certain specified information must be provided to the representatives long enough before the transfer to enable the outgoing employer to consult with them about it.

There is no set timetable for consultation, but the larger the transaction and the more staff affected, the longer the timetable will need to be.

If there is a failure to inform and consult, a complaint can be made to the Employment Tribunal. If successful, the Tribunal can award compensaton up to a maximum of 13 weeks pay per affected employee.

Request for information about TUPE measures [Delete this line]

[Company name]

[Sender address]

[date]

[Recipient name]

[Recipient address]

Dear [Recipient first name],

TUPE Request for Information about Measures

I write regarding the proposed transfer of [old department/company name] to [new company name], following which the employees within [old department/company name] will transfer to [new company name].

In connection with our obligations under Regulation 13 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the “TUPE Regulations”) to inform and consult with appropriate representatives of employees affected by the Transfer, I should be grateful if you would provide us with information about whether, as a result of the Transfer, you envisage taking any “measures” in relation to any of the transferring employees.

In particular could you please confirm the position with regards to the following matters:

Whether following the Transfer the transferring employees will be retained on their current terms and conditions of employment.
Whether following the Transfer you will seek to make any changes to working conditions or arrangements (for example, to hours or place of work) of the transferring employees.
Whether you propose to make any redundancies in respect of the transferring employees, to reorganise the business or to make any change for any other reason in the number or functions of the transferring employees after the Transfer.
What your proposals are as regards the future pension provision of the transferring employees after the Transfer.
Whether you envisage any other legal, economic or social implications following the Transfer for the transferring employees.

I note that the term “measures” is not defined in the TUPE Regulations but that it has been held to encompass any action, step or arrangement in connection with a transfer, whether or not these are considered to be advantageous or disadvantageous to employees. Please therefore make sure you disclose all possible measures to us, including those that may be transitional or temporary in nature.

If you do not envisage taking any measures (including but not limited to the matters referred to above) please confirm that fact.

Please provide this information as soon as possible and no later than [date], to allow us to assess the potential impact of the transfer on the employees.

I look forward to hearing from you and should be grateful if you would ensure that any changes to your initial response are notified to us immediately to enable us to comply with our legal obligations under the TUPE Regulations.

Yours [faithfully | sincerely],

[Sender name]

[Sender job title]

[Sender telephone]
[Sender email]

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