Employer pack · £19, or included in the Business plan
TUPE pack
Employee liability information schedule, letters to affected staff, and information and consultation letters for representatives.
For an employer on either side of a TUPE transfer: a business sale, or a service being outsourced, re-tendered or brought back in-house. Tell us which side you're on and the letters change to match. Use it as soon as a transfer is likely, so there's time to elect representatives, inform and consult, and send the employee liability information at least 28 days before the transfer.
Your organisation
The other organisation
The transfer
Are you the outgoing employer (transferor) or the incoming employer (transferee)?This changes which letters are made.
Type of transferA business transfer is a sale of a business or part of one. A service provision change is a service moving to a contractor, between contractors, or back in-house.
Representatives
Is there a recognised trade union for the affected employees?
If there's no recognised union, how will you inform and consult? (optional)Existing representatives must have authority to be consulted about the transfer. Informing employees directly is only allowed where there are no representatives and the next answer is yes.
Do you have fewer than 50 employees, or are fewer than 10 employees transferring?If yes, and there are no representatives, you can inform and consult each employee directly (regulation 13A).
Employees assigned to the transfer
Employees assigned to the transferring workEach person gets a letter, and a row in the employee liability information workbook.
What you get
- Timeline and checklistDated steps worked back from your transfer date, and what the law requires on information and consultation, measures, employee liability information, pensions, dismissals, changes to terms and objections.
- LettersInvitation to elect representatives, the regulation 13 information letter, a letter or welcome letter for each employee, the measures letter or request, a covering letter for the employee liability information, and a letter for anyone who objects.
- Consultation meeting noteA template to record each meeting with representatives: information given, questions, responses and actions.
- Employee liability information workbookOne row for each employee with every item the law requires, plus pay, hours, pension, holiday and notice. Names and start dates filled in, with notes on each column.
Still to answer: Organisation name, Address, Who signs the letters, Their job title, HR contact for questions, Organisation name….
Everything you type stays on this device. The files are made here and never sent to us. A starting point to check and adapt, not legal advice. All packs are included in the Business plan.
Sources
- GOV.UK: Business transfers, takeovers and TUPE
- Acas: TUPE
- Acas: Employee liability information
- Acas: Who you must inform and consult in a TUPE transfer
- Acas: What you must inform and consult about in a TUPE transfer
- Acas: If employees do not want to transfer
- legislation.gov.uk: TUPE Regulations 2006, regulation 4
- legislation.gov.uk: TUPE Regulations 2006, regulation 7
- legislation.gov.uk: TUPE Regulations 2006, regulation 10
- legislation.gov.uk: TUPE Regulations 2006, regulation 11
- legislation.gov.uk: TUPE Regulations 2006, regulation 13
- legislation.gov.uk: TUPE Regulations 2006, regulation 13A
- legislation.gov.uk: TUPE Regulations 2006, regulation 14
- legislation.gov.uk: TUPE Regulations 2006, regulation 15
- legislation.gov.uk: TUPE Regulations 2006, regulation 16
- legislation.gov.uk: Transfer of Employment (Pension Protection) Regulations 2005