Letter tupe 3 from transferee to transferor informing of proposed measures

[Enter name and address of transferor]

[Enter date]

Strictly private and confidential

Dear [enter name(s) of relevant individual(s) at the transferor],

Proposed transfer of [enter details] to [enter name of transferee]

I write with regards to the proposed [disposal of your business to us OR outsourcing of your [identify business function] to us OR termination of your contract to provide [identify services] to [us OR identify client]][and to your letter dated [enter date of any letter sent by the transferor to the transferee requesting details of proposed measures]].

In my capacity as [enter position] of [enter name of transferee], and as required by Regulation 13(4) of the Transfer of Undertakings (Protection of Employment) Regulations 2006, I write to [confirm that [enter name of transferee] does not envisage taking any measures, in connection with the proposed transfer, in relation to any affected employees who would become employees of [enter name of transferee] after the proposed transfer OR give you information about the measures, in relation to the proposed transfer, that [enter name of transferee] envisages it will take in relation to any affected employees who would become employees of [enter name of transferee] after the proposed transfer].

[Please note that, as at the date of this letter, [enter name of transferee] does not have all necessary information relating to the employees involved in the proposed transfer. The position set out in this letter may therefore change when [enter name of transferee] has that information.]

[Staffing levels
[[Enter name of transferee] does not envisage reducing the number of employees working [in the business OR for the provision of the services to [enter details]].
OR
[Enter name of transferee] envisages that a number of roles will be at risk of redundancy following the proposed transfer. [Enter name of transferee] will consult with the relevant employees and follow proper redundancy procedures. [Enter name of transferee] will not make any final decision until the consultation process has been completed. [[Enter name of transferee] expects that there may be opportunities for redeployment for any employees whose roles are identified as being at risk.]]]

[Terms and conditions of employment
[[Enter name of transferee] does not envisage changing the terms and conditions of employment of any affected employees who would become employees of [enter name of transferee] after the proposed transfer.
OR
[Enter name of transferee] envisages changing the following terms and conditions of employment of affected employees who would become employees of [enter name of transferee] after the proposed transfer: [Enter details of any changes that are proposed, e.g. any harmonisation exercise that the transferee may wish to undertake at a later date.].]]

[Policies and procedures
[[Enter name of transferee] does not envisage changing any policies or procedures relating to any affected employees transferring to [enter name of transferee] after the proposed transfer.
OR
[Enter name of transferee] envisages reviewing and/or changing the following policies or procedures relating to any affected employees transferring to [enter name of transferee] after the proposed transfer: [enter details of any changes that are proposed, e.g. any harmonisation exercise that the transferee may wish to undertake at a later date].

[Pension arrangements
As a result of the proposed transfer, it would not be possible for the employees who would transfer from [enter name of transferor] to [enter name of transferee] to continue to be members of their current occupational pension scheme, [enter name of transferor’s occupational pension scheme], after the proposed transfer.

Their present pension arrangements would therefore have to end when the proposed transfer takes place.

[[Enter name of transferee] envisages that it will provide [enter details of proposed new pension arrangements]. These arrangements would provide broadly comparable retirement benefits.
OR
The transferring employees would, subject to satisfying the relevant eligibility requirements, be able to join [enter name of transferee’s pension scheme].
OR
There is not a pension scheme run by [enter name of transferee] that the transferring employees would be able to join.]]

Yours sincerely,

 

[insert name of transferee’s representative]

For and on behalf of [insert name of transferee]