This model letter describes that the transferee is required under the Trade Unions and Labour Relations (Codification) Act 1992 (TULRCA) to inform and consult with the relevant representatives of the employees concerned prior to dismissals and asks the transferor for consent to carry out such consultation. The letter requests a signed confirmation of this agreement. This is an overview with restricted words. The full model will be displayed here in its entirety once you have purchased it individually or when you have purchased the cancellation model package. Use this sample letter to confirm to an employee that they have been elected as a representative for consultation in connection with a business transfer. Explain what the role is and provide details of any training that will be offered. If you need the template in a different format or can`t download it, send an email to firstname.lastname@example.org. Make sure that all the important details of a final tupe consultation are saved using this standard template. But one of the most important things to do well is the letter of transfer of employees from one company to another. You can include it in your TUPE action letter or in your own document. We have included a clause that says this in our tupe letter template downloadable below. TUPE has an impact on the employer making the transfer (also known as the outgoing employer, former employer or transferor) and the employer taking over the transfer (also known as the new employer, the new employer or the acquirer). This letter clarifies the termination date of the current employment relationship and the extent to which the company will change as a result of Tupe`s transfer.
It reiterates that the conditions, with the exception of the employee`s occupational pension scheme, remain unchanged and explain why. Download your sample TUPE letter by clicking on the button below. This is a standard letter that you can use if an employee is not transferred to Tupe. This also includes the reasons why the employee stays in the company. Downloadable and customizable documents to manage Tupe. As you know from previous correspondence and discussions about the possibility of transferring from [the old name of the department] to [the new name of the company], it has now been confirmed that this transfer will take place on [date of transfer]. The main reason for this transfer is [describe in detail the justification for the transfer]. The transfer to ownership of the [new company name] includes the transfer of all existing employees in the [old department name], from the employment of the company to that of the [new company name]. TUPE applies to a number of different business transactions every day and it is important that employers of all sizes understand the responsibilities that may arise. . This letter should be addressed to elected workers` representatives or representatives of a recognized trade union to explain their role and obligations when a transition takes place under the Transfer of Enterprises (Employment Protection) Regulations 2006. Since you are currently employed in a position to be transferred from [date of transfer], I am writing to confirm the details and provide information about the transfer.
This letter is a formal notice that the transfer will be handled in accordance with the Transfer of Undertakings (Employment Protection) Regulations 2006 (the TUPE Regulation). This ballot should be used to communicate the candidates running for election and what the elected representative will do. The form also explains the voting and voting process and what employees must do with the form. This document contains a number of frequently asked questions by employees at the beginning of a TUPE transfer, including an explanation of what the transfer means for employees and what happens if the employee decides not to change. Checklist for the new employer when managing a TUPE transfer. Microsoft Word format. This letter can be used to confirm that a transfer is taking place and to invite employees to an interim consultation. The TUPE regulation does not directly define the term “measures”. However, they are generally understood as changes in existing work practices. This includes domains such as:. . These measures should not be changed if there is no reason for the ECO to do so.
This letter informs the employee representatives of a planned transfer of the company and invites them to organise a consultation meeting at a mutually advantageous time. The letter describes the number of employees, their location and other important descriptive information, and describes the expected degree of change that these employees will experience. This letter is sent by the (new) employer of the transferee to all the employees concerned. It confirms that a transfer has taken place in accordance with the provisions of TUPE. The letter also emphasizes that the transferee`s employer will comply with the obligation to notify employees in writing of any changes to their written terms and conditions of employment within one month of the change. Use this detailed official application form to ask the transferring company for complete information. This letter can be used by an assignor to send it to an alleged acquirer who claims that Tupe does not apply to the current situation to explain why the acquirer believes this is the case. It contains definitions of the appropriate types of transmission. This document contains a number of frequently asked questions by employees at the beginning of a TUPE transfer, including whether employees have the choice to move to the new employer and the impact on annual leave and pensions. .
Use this letter to inform the transferor of your company`s planned actions, including place of work, frequency of wages, shift work, and pensions. The main thing is to set and confirm the deadlines. When drafting a contract transfer letter, it is also important to describe the buyer`s proposals. Due to the nature of a TUPE transmission, it is unlikely that you will only send one letter. There is usually a lot of communication between the assignor and the assignee. Why is this important? Well, as a rule, an assignee sends a TUPE share letter to the assignor. This will inform you of any action you intend to take after the transfer. This form may be used by employees to nominate a candidate for election as an employee representative for consultation in connection with a business transfer. The form explains how the process works and what role the representatives will play. In the case of a TUPE transfer, the assignor is required to provide the transferee in writing with the “employee liability information” of each employee assigned to the transferred company.
A farewell letter from the seller to individual employees shortly before a TUPE handover. Use this form to request due diligence documents for The Transfer of Tupe, including whether employees have been laid off in the past three months and details of pending or expected claims in labor courts. 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 the employees have failed to elect representatives, this letter can be amended and sent to all employees to invite them to an individual consultation session. This letter can be sent to the acquiring company to establish the communication and invoke the legal requirements. This form compares your company`s actions with those of the transferor in several key areas. If consultations are ongoing, indicate that they will be considered. Once consultations are complete and a decision has been made, describe what that decision is and how (and when) it will be implemented. This is a detailed step-by-step guide that includes the process of transferring employees from another unit to your organization: TUPE regulations protect employees` rights when they move to a new employer. TUPE stands for the transfer of businesses (job protection).
It shall inform about the date on which the transfer took place. Interviews are arguably the most subjective part of any selection system. . Use this package to provide employees with a policy statement, answers to QUESTIONS, and relevant forms for a Tupe transfer to a company. A letter of welcome to employees and confirmation of agreements shortly after the transfer of TUPE. This is an important step in the onboarding process and a prelude to the introduction of transferred employees into the organization. . It confirms that their working and employment conditions remain intact, including the continuity of employment. Transfer of enterprises (protection of employment). Use this form to request due diligence documents for the transfer of Tupe, including whether there is any liability or claim that could be made by a former employee in connection with his or her employment of which the Contractor is aware and whether the unions are recognized for any purpose with respect to personnel. Application letters begin the employment relationship with a positive rating. As this is a transfer that falls under the TUPE regulation, the following applies: so you have decided which measures you want to change, and now you have sat down to write your TUPE letter.
What else? This letter can be used to confirm to employees that a Tupe transfer will take place, including the date of the transfer and the name of the acquiring company. This letter should be sent with the Tupe In Document FAQ available on this page. .