TUPE Letters

The TUPE Regulations—Transfer of Undertakings (Protection of Employment) Regulations 2006—are UK laws designed to protect employees’ rights when the business they work for changes ownership or when a service provision changes (e.g. outsourcing, insourcing, or changing service providers). These TUPE letters for both transferor and transferee will help ensure legal compliance, transparency and the protection of employment rights during a TUPE transfer. Under TUPE employers must inform and, where necessary, consult with affected employees or their representatives. Failure to send proper TUPE letters (as part of this duty) can result in Employment Tribunal claims and/or compensation of up to 13 weeks’ gross pay per employee.

When does TUPE apply?

TUPE applies in two main situations:
1. Business transfers where a business or part of it is sold or transferred to a new employer or
2. Service provision changes where a contract to provide services changes such as outsourcing, a change of contractor or insourcing.
TUPE does not apply to asset sales (no employees) or share sales.

What does TUPE provide for?

Protection of employment contracts as employees automatically transfer to the new employer, maintaining continuous service, pay, holiday entitlement and other particulars of employment: Prevention of unfair dismissal where employees cannot be dismissed just because of the transfer and are only fair if there is an economic, technical or organisational reason.

Information and consultation is required. The range of letter templates listed below include versions for TUPE Letter Informing Employees of Business Transfer – Sale and TUPE Letter Informing Employees Of Business Transfer – Contracting Out.  Additional TUPE letters provide for employee representatives.

Transferors must provide Employee Liability Information giving the new employer key details and transferring employees (at least 28 days before the transfer). The TUPE Letter Notifying Transferee of Employee Liability Information should be used and is supported by additional templates to assist with the administration of the TUPE process.

Please view, click on or download from the full list of available TUPE Letters below:

• TUPE Letter Informing Employees of Business Transfer - Sale
• TUPE Letter Informing Employees Of Business Transfer – Contracting Out
• Letter to Affected Employees for Electing Employee Representatives in a TUPE Transfer
• Letter to Employees Advising Change of Employer Following TUPE Transfer
• TUPE Letter Notifying Transferee of Employee Liability Information
• TUPE Employee Liability Information Form
• TUPE Letter Notifying Transferee of Updated Employee Liability Information
• Letter to be Sent by Transferee to Transferor Informing it of Any Measures Following a TUPE Transfer
• Letter Requesting Due Diligence Information in Respect of a TUPE Transfer
• Letter Inviting Employee Representatives or Affected Employees to a TUPE Consultation Meeting

TUPE Letters is part of Employment. Just £38.50 + VAT provides unlimited downloads from Employment for 1 year.