Managing Tupe

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Model documents and policies

Downloadable and customisable documents relating to managing Tupe.
Table of contents

Forms

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Ballot form to elect employee representatives for the purposes of Tupe consultation

 (55 KB)
Last Modified: 01 Jun 2013
This ballot form should be used to communicate the candidates standing for election and what the elected representative will do. The form also explains the voting and election process and what employees should do with the form.
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Form to nominate a candidate for election as an employee representative for Tupe consultation

 (52 KB)
Last Modified: 01 Jun 2013
This form can be used by employees to nominate a candidate for election as an employee representative for the purposes of consultation in relation to a transfer of undertaking. The form explains how the process works and what role the representatives will play.

Letters

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Cover letter for personnel files sent to transferee

 (55 KB)
Last Modified: 01 Jun 2013
This letter should be used when sending files to the transferee as part of the preparation for a Tupe transfer out.
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Employee letter declining a Tupe transfer in

 (55 KB)
Last Modified: 01 Jun 2013
This letter gives a standard pro forma for an employee to decline transfer under Tupe, including a statement that they understand the implications of this.
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Employee letter to object to a Tupe transfer out

 (55 KB)
Last Modified: 01 Jun 2013
An employee may decline to participate in a Tupe transfer using this letter to confirm in writing their understanding of the decision.
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Letter confirming agreed terms for pre-transfer redundancy consultation

 (56 KB)
Last Modified: 15 May 2014
This letter template confirms the terms on which the pre-transfer redundancy consultation will take place, including when and where the consultation will take place, who will be attending and also asks for acknowledgement of the written confirmation of agreement.
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Letter confirming proposed measures and date of Tupe transfer out

 (55 KB)
Last Modified: 14 May 2014
This letter can be sent to employees to confirm the measures the company intends to take and set the date for transfer.
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Letter for initial transferor contact

 (56 KB)
Last Modified: 14 May 2014
This letter initiates contact with the transferor and invokes Regulation 10. The letter should be sent along with an information request document and measure comparison chart (both available on this page).
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Letter from transferee to transferor notifying intention to consult on collective redundancies pre-transfer

 (55 KB)
Last Modified: 15 May 2014
This letter template outlines that under The Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) the transferee is required to inform and consult the appropriate representatives of affected employees prior to any redundancy dismissals and seeks agreement from the transferor to proceed with this consultation. The letter asks for signed confirmation of this agreement.
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Letter to confirm the election of an employee representative for Tupe consultation

 (55 KB)
Last Modified: 01 Jun 2013
Use this letter template to confirm to an employee that they have been elected as the representative for the purposes of consultation relating to a transfer of undertakings. Explain what the role involves and give details of any training that will be provided.
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Letter to employee representatives inviting them to a final Tupe consultation meeting

 (55 KB)
Last Published: 30 Oct 2015
This letter can be used to arrange a final collective consultation meeting with elected representatives. If the company has fewer than 10 employees and no existing representatives, or if employees have failed to elect representatives, this letter can be amended and sent to all employees to invite them to an individual consultation meeting.
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Letter to employee representatives inviting them to an interim Tupe consultation meeting

 (55 KB)
Last Modified: 30 Oct 2015
This letter may be used to confirm that a transfer is taking place, and to invite employees to an interim consultation.
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Letter to employee representatives regarding Tupe transfer and start of consultation

 (57 KB)
Last Modified: 30 Oct 2015
This letter informs staff representatives of a proposed transfer of undertakings and invites them to arrange a consultation meeting at a mutually convenient date. The letter details the number of employees, their location and other key descriptive information and outlines the expected degree of change that these employees will experience.
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Letter to employees confirming Tupe applies

 (55 KB)
Last Modified: 01 Jun 2013
This letter may be used to confirm to employees that a Tupe transfer will take place, including the date of transfer and the name of transferee company. This letter should be sent alongside the FAQ Tupe In document which is available on this page.
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Letter to make initial contact with the transferee company

 (56 KB)
Last Modified: 01 Jun 2013
This letter can be sent to the transferee company to establish communication and invoke legal regulations.
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Letter to staff not transferred under a Tupe transfer

 (55 KB)
Last Modified: 01 Jun 2013
This is a standard letter you can use when a member of staff is not being transferred under Tupe. This includes reasons for the employee remaining with the company.
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Letter to staff transferred under a Tupe transfer

 (55 KB)
Last Modified: 15 May 2014
This letter may be used when a new employee joins your company as a result of a Tupe transfer. It includes confirmation of information provided by the previous employer, notice of amendments to contract and details of how the transfer affects the occupational pension scheme.
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Letter to staff transferring before a Tupe transfer

 (55 KB)
Last Modified: 15 May 2014
This letter clarifies the date of termination of current employment and the extent to which the business will change as a result of the Tupe transfer. It reiterates that terms and conditions will remain unchanged, with the exception of the employee's occupational pension and explains the reason for this.
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Letter to transferor explaining measures

 (56 KB)
Last Modified: 15 May 2014
Use this letter to communicate your company's intended measures to the transferor including place of work, pay frequency, shift working and pensions.

Policies

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Policy for the election of representatives for informing and consulting on a Tupe transfer

 (56 KB)
Last Modified: 01 Jun 2013
Use this policy as an outline to arrange and manage election of employee representatives to consult on a Tupe transfer. The policy explains how the election will be conducted.

Templates

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Announcement to employees affected by a Tupe transfer

 (56 KB)
Last Modified: 01 Jun 2013
This document can be used as a prompt when announcing a TUPE transfer to employees. The document contains advice on the actions to take before and after the announcement and includes all of the essential information that needs to be communicated to employees.
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Due diligence information request cover sheet for Tupe in

 (56 KB)
Last Modified: 01 Jun 2013
Use this form to request due diligence documents for Tupe transfer in, including whether any employees have been made redundant in the last three months and details of any outstanding or anticipated applications to employment tribunals.
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Due diligence information request cover sheet for Tupe out

 (55 KB)
Last Modified: 01 Jun 2013
Use this form to request due diligence documents for Tupe transfer out, including whether there is any liability to, or claim likely to be made by, any ex-employee in relation to their employment of which the contractor is aware and whether any trade unions are recognised for any purpose relating to staff.
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FAQ Tupe In

 (56 KB)
Last Modified: 14 May 2014
This document contains a number of commonly asked questions from employees at the start of a TUPE transfer, including whether the employees have a choice about transferring to the new employer and the impact on annual leave and pensions.
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FAQ Tupe Out

 (57 KB)
Last Modified: 14 May 2014
This document contains a number of commonly asked questions from employees at the start of a TUPE transfer, including an explanation of what the transfer means for the employees and what will happen if the employee decides not to transfer.
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Formal request for information

 (61 KB)
Last Modified: 01 Jun 2013
Use this detailed formal request form to ask the transferring company to supply full information.
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Information pack for employees transferring in by Tupe

 (117 KB)
Last Modified: 14 May 2014
Use this pack to provide employees with a policy statement, answers to FAQs and forms relevant to a Tupe transfer into a company.
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Measures comparison chart for Tupe in

 (55 KB)
Last Modified: 01 Jun 2013
This form compares your company's measures with those of the transferor in several key areas.
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Record of Tupe final consultation meeting for employers

 (56 KB)
Last Modified: 01 Jun 2013
Ensure all important details of a final Tupe consultation are recorded using this standard template.
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Record of Tupe interim consultation meeting for employers

 (56 KB)
Last Modified: 01 Jun 2013
Ensure all important details of an interim consultation are recorded using this standard template.