This Letter to Employees Advising Change of Employer Following TUPE
Transfer should be sent to employees who have been transferred to a new
employer (the transferee) as a result of a TUPE transfer. The letter has
optional clauses for use before or after the transfer.
The transfer of employment will happen automatically. This template letter
confirms that the identity of the employer has changed and includes
optional clauses in respect of pension and other changes to terms and
conditions. It also confirms that the employee’s statutory rights are
unaffected and the employee’s start date of continuous employment remains
Employers should be aware that they are very limited in their ability to
vary terms of employment on a TUPE transfer. Detrimental changes are only
permitted if the employee has agreed to the change and the reason for the
change is an economic, technical or organisational reason.
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. As regards data processed as part of a TUPE transfer,
this information will usually be provided by means of a privacy notice at
the start of employment.
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