Letter tupe 2 from transferor or transferee to employees election of employee representatives

[Enter name and address of employee]

[Enter date]

Strictly private and confidential

Dear [insert name of employee],

[[If from transferor:]We are writing to tell you that [we are proposing to transfer our [insert details] business to [insert name of transferee] OR we are proposing to outsource our [specify business function] to [insert name of transferee] OR our contract for the provision of [insert details] services to [insert name of client] is coming to an end and, on its termination, those services will be performed by [insert name of new contractor/client]].
[If from transferee:] We are writing to tell you that [we are proposing to acquire the business of [insert details of transferor] OR we are proposing to bring in house our [specify business function] OR we have agreed a contract to provide [insert details] services to [insert name of client] in place of [insert name of previous contractor/client.]

This transaction, which is expected to take effect in around [specify approximate date], may be subject to The Transfer of Undertakings (Protection of Employment) Regulations 2006 (‘TUPE’). Under TUPE, you have a right to elect employee representatives to whom we will supply information about the proposed transfer. If appropriate, we may also consult them on any changes likely to occur in relation to the transfer.

We are therefore inviting employees to put themselves forward as candidates to be elected as employee representatives, serving until the end of the TUPE information and consultation process. [Insert number] elected employee representatives are required to represent [specify the particular group of employees] for consultation purposes.

We should require [insert number] consultation meetings between those elected employee representatives and management, which we expect to hold at [insert location] during working hours, although this process may change. We will give representatives more information about their role following their election.

The election of employee representatives comprises two stages: first, we are seeking nominations for candidates to stand in the election; and, second, you will be able to vote for representatives from amongst the nominated candidates.

The proposed timetable for the elections is then as follows, although this may be subject to change:
• [Date] – ballot papers sent out
• [Date] – ballot papers returned
• [Date] – election results announced

We enclose with this letter:
• [a list of the constituencies;]
• a copy of the rules for the election of employee representatives; and
• a candidate nomination form.

If you wish to stand as a candidate in the election, please complete the enclosed candidate nomination form and return it to [specify place or person] no later than [insert date]. No nomination form received after this date will be considered.

Information about the consultation process [will follow OR has been sent to you under separate cover].

Please remember that the contents of this letter are extremely confidential and should not be revealed to or discussed with any person outside of the information and consultation process.

If you have any questions, please speak to [insert name of relevant officer].

Yours sincerely,


[insert name of [transferor’s OR transferee’s] representative]

For and on behalf of [insert name of [transferor OR transferee]]