TUPE Letter - Sale
EMP.MS.02.01
The Transfer of Undertaking-Protection of Employees Regulations(TUPE) preserve employees' terms and conditions when a business or undertaking, or part of one, is transferred to a new employer. Any provision of any agreement (whether a contract of employment or not) is void so far as it would exclude or limit the rights granted under the Regulations.
The Regulations have the effect that:
Employees employed by the previous employer when the undertaking changes hands automatically become employees of the new employer on the same terms and conditions. It is as if their contracts of employment had originally been made with the new employer.
Representatives of employees affected have a right to be informed about the transfer. This includes information about the use of agency workers, including the total number of agency workers engaged by the employer, the business in which they are utilised, and the type of work they are contracted to undertake, as required by the Agency Workers Regulations 2010. They must also be consulted about any measures which the old or new employer envisages taking concerning affected employees.
This TUPE letter can be applied to the following situations:
- where all or part of a sole trader's business or partnership is sold or otherwise transferred;
- where a company, or part of it, is bought or acquired by another, provided this is done by the second company buying or acquiring the assets and then running the business and not acquiring the shares only; and
- where two companies cease to exist and combine to form a third.
This Transfer of Undertakings-Protection of Employees template is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.
The Regulations have the effect that:
Employees employed by the previous employer when the undertaking changes hands automatically become employees of the new employer on the same terms and conditions. It is as if their contracts of employment had originally been made with the new employer.
Representatives of employees affected have a right to be informed about the transfer. This includes information about the use of agency workers, including the total number of agency workers engaged by the employer, the business in which they are utilised, and the type of work they are contracted to undertake, as required by the Agency Workers Regulations 2010. They must also be consulted about any measures which the old or new employer envisages taking concerning affected employees.
This TUPE letter can be applied to the following situations:
- where all or part of a sole trader's business or partnership is sold or otherwise transferred;
- where a company, or part of it, is bought or acquired by another, provided this is done by the second company buying or acquiring the assets and then running the business and not acquiring the shares only; and
- where two companies cease to exist and combine to form a third.
This Transfer of Undertakings-Protection of Employees template is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.