Template Letter to Affected Employees for Electing Employee Representatives in a TUPE Transfer

Under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE Regulations 2006), an employer has a duty to inform and consult with the appropriate representatives of affected employees.

If the employees who may be affected by the TUPE transfer are represented by an independent trade union recognised for collective bargaining purposes, the employer must inform and consult an authorised official of that union. When employees who may be affected by the transfer are not represented by a trade union, the employer must inform and consult with appropriate representatives of those employees.

The employer should write to the affected employees to explain the reason for the forthcoming election of employee representatives and to invite them to nominate themselves as candidates for election. This Letter to Affected Employees for Electing Employee Representatives in a TUPE Transfer sets out the rules for the election of employee representatives and also includes a nomination form for employees to complete and return if they wish to nominate themselves as a candidate for election. This template includes optional clauses as to the type of TUPE transfer which applies.

If an employer is a "micro-business" (namely one that employs fewer than 10 employees) the Company does not have to arrange for the election of appropriate representatives and may inform and consult directly with affected employees as if each affected employee were an appropriate representative. This applies provided that:

• there are no appropriate representatives; and

• the employer has not invited any of the affected employees to elect employee representatives.

The General Data Protection Regulation (GDPR) requires employers to comply with principles for processing personal data, including being transparent about the data that they hold, how it is used and the legal basis for processing that data.

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