The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) protects employees' terms and conditions of employment when a business is transferred from one owner to another. What is TUPE? Letter to staff before a TUPE transfer. TUPE request for details of proposed measures letter. It is quite a complex area of employment law but, in broad terms, it protects an employee’s terms and conditions when a business, … TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations 2006, a piece of legislation stemming from a European directive on the rights of employees when businesses or contracts are transferred from one owner to another. The transferee will liaise separately with the employees about their position with them following the transfer… Laura Merrylees sets out four key tips for employers when assessing who is in the pool for transfer. Protection of Employees (TUPE) TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations and its purpose is to protect employees if the business in which they are employed changes hands. representatives/employees of a potential purchase/bid • Weigh up the pros and cons of committing to a transfer/service provision • Begin to construct a TUPE process plan. When to use this model TUPE transfer letter. Letter to staff following a TUPE transfer. The word TUPE comes from the legislation, or law, governing it: The Transfer of Undertakings (Protection of Employment) Regulations 2006. At this stage the incoming employer must: • Inform/consult about the transfer and any measures • Identify who will transfer • Request ELI from the outgoing employer. Employee Transfer Letter from One Department to Another Dear. Changing an employment contract. The employee transfer letter is written to either deliver good or bad news, as you take it. If a business is taken over by another employer as a result of a legal merger or transfer the rights of the employees are protected by legislation. In terms of the process of transfer, all employees must be sent a letter in advance of the transfer date, confirming the transfer and outlining what it means for them. This letter is from the transferee employer to any affected employee(s) advising them that a transfer has taken place under the provisions of TUPE and the date on which that happened. TUPE OUT. Found in: Employment. Under the Transfer of Undertakings (Protection of Employment) Regulations 2006, an employer has a duty to inform employees who are affected by changes to ownership, and consult them where appropriate.. 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. It therefore contains certain restrictions on what the transferee can do in respect of the employees who transfer to it. This comprises certain prescribed information in relation to terms and conditions of employment etc and must be completed 28 days before the transfer date. If you’re the transferee employer, you should write to all of the affected employees shortly after the TUPE transfer has taken place advising them of the transfer of their employment from the transferor employer to you and confirming their employment position. Individuals who use this type of letter samples are those who need to move to a new residence. TUPE can apply regardless of the size of the transferred undertaking. In addition, TUPE requires employers to provide Employee Liability Information to the new employer in advance of the Transfer Date. Also there will be details about whom he or she will report to and if any legal or academic documents required. Linda Glover explains which employees transfer in a service provision change. Letter from transferor to individual employees confirming transfer of employment. The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) apply where there is a "service provision change" i.e. For example, the general position is that TUPE prevents a transferee from dismissing staff for a reason related to the TUPE transfer. So that’s all? This type of letter is found in every organization and is sent to employees regularly. Employees will have notice of the transfer as the employers must consult with them prior to the transfer taking place. If you’re the transferor employer, you should write to all of the affected employees before the TUPE transfer takes place advising them of the transfer of their employment from you to the transferee employer and letting them know how this will affect their employment position. About this set of letters. The law on the application of TUPE is complex and each case is judged on its merits. Employees must be given written notices setting out the particulars of the transfer. After the transfer, the transferee is liable for any rights/obligations with the transferor discharged. Letter to staff following a TUPE transfer. Its effect is to move employees and any liabilities associated with them from the old employer to the new employer by operation of law. [Sender name] [Sender address] [date] [Recipient name] [Recepient address] Dear [Recepient first name], . The fragmented outsourcing of services under the TUPE Regulations 2006, together with atypical working arrangements, can create a confusing picture. Updating author: Nicky Stibbs Original author: John McMullen. TUPE regulations mean employees shouldn’t lose their existing employment rights.. Before the transfer. The TUPE Regulations apply when a business or part of a business is being transferred from one employer, referred to as the transferor, to another employer, referred to as the transferee. The TUPE regulations bring large employer obligations to inform and consult ‘appropriate representatives’ of their employees affected by the transfer. These letters start that process by telling an employee either that the ownership of the organisation will change or that their employment will continue at a new location. Letter 1 to all employees informing them that the service will be subject to formal tender. The letter contains the date of release, new position the employee will be provided and the new location. BTHFT If you’re the transferee employer, you should write to all of the affected employees shortly after the TUPE transfer has taken place advising them of the transfer of their employment from the transferor employer to you and confirming their employment position. If you’re the transferee employer, you should write to all of the affected employees shortly after the TUPE transfer has taken place advising them of the transfer of their employment from the transferor employer to you and confirming their employment position. Letter for transfer to affected employees. From the employees’ point of view, the actual TUPE transfer may be achieved fairly swiftly, but their rights under the legislation will continue for an indefinite period. A transfer letter is a request from an employee to move to another branch, or department. TUPE request for details of proposed measures letter. The purpose of TUPE is to protect employees working in businesses which are sold. Letter to staff following a TUPE transfer. Determining the group of transferring employees in a TUPE transfer can raise tricky issues. #TUPE #Letters Transferor: Individual Consultation Form Form to conduct individual meetings with the transferring employees to explain the impact of the TUPE transfer on them personally. It can apply to the transfer of a large business with thousands of employees or a small one (for example, the transfer of medical services to independent GP’s). An employee transfer letter is a letter that is sent to any employee to let him or her know about his or her transfer details. A sample letter is attached – Appendix F . Maintained • . Employees of the previous owner when the business changes hands automatically become employees of the new employer on the same terms and conditions. Transfer of Undertakings (Protection of Employment) As you will be aware from previous correspondence and discussions regarding the possibility of transferring [old department name] to [new company name], it has now been confirmed that this transfer is to take place on [date of transfer]. TUPE, or the Transfer of Undertakings (Protection of Employment) Regulations 2006, aims to protect employees in the event their employment is transferred to a new employer following a business transfer or service provision change. When do the TUPE Regulations apply? This is to inform you that the Council, at the meeting of INSERT COUNCIL MEETING MAKING THE DECISION on INSERT DATE, made the decision that the Council will no longer provide the INSERT SERVICE directly. Make sure that the letter is written in a positive approach. The conditions for a service provision change require, among other things, an organised grouping of employees whose principal purpose is carrying out the relevant activities on behalf of the client. If the employees’ rights are not recognised in this regard, injunctive relief can be sought. This letter should be sent alongside the FAQ Tupe In document which is available on this page. Use our letter to ascertain what measures the transferee envisages taking in relation to affected employees in a TUPE transfer situation -you’ll need this information to be able to inform and consult with the appropriate representatives.. Information and consultation obligations. Letter—TUPE (8) from transferee to transferring employees Precedents. Use this model letter to confirm to individual employees that TUPE applies. ‘Can my employer change my contract after TUPE’ is a common question and concern for those employees affected by a transfer of undertaking. ... Template letter for use when sending statutory information required under TUPE to employee representatives. In a TUPE transfer, both the transferee and transferor are required to provide certain information to appropriate representatives of any of their employees who will be affected by the transfer. Use our letter to ascertain what measures the transferee envisages taking in relation to affected employees in a TUPE transfer situation -you’ll need this information to be able to inform and consult with the appropriate representatives.. Information and consultation obligations. TUPE is an acronym for the European Communities, Protection of Employees on Transfer of Undertakings, Regulations 2003. FUTURE DELIVERY OF INSERT SERVICE . If you’re one of them, checking out some transfer letter templates would be a very smart decision. an outsourcing, in-souring or change of contractor as well as where there is a transfer of an undertaking such as the sale of a business. 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