Letter to Employees Advising Change of Employer Following TUPE Transfer
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 the same.
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 UK 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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