Letter tupe 5 from transferee to employee representatives

[Enter name and address of employee representative]

[Enter date]

Strictly private and confidential

Dear [insert name of employee representative],

[As you are aware, we have been in discussions with [identify transferor] with a view to acquiring the [identify the business or part being acquired]. Negotiations are now almost complete and we expect the acquisition to take place on [insert date].
As you are aware, we have decided to bring back in house our [identify business function] currently outsourced to [identify transferor] from [insert date].
As you are aware, we have won the contract to provide [insert details] services to [identify client] from [insert date].]

We believe that the Transfer of Undertakings (Protection of Employment) Regulations 2006 (‘TUPE’) will apply to the proposed proceedings. Under Regulation 13 of TUPE we are required to provide certain information to proper representatives of employees that will be affected by the proposed transfer: in this case, the employees listed in the schedule to this letter may be affected. This letter intends to provide you with the relevant information.

Reason for transfer and timing
The reason[s] for the proposed acquisition [is OR are] broadly that [identify reasons].

Legal, economic and social implications
As a consequence of the proposed proceedings we will be offering employment to [number] employees who will be transferring from [name of transferor] to us.

We do not anticipate the integration of staff to cause a major disturbance for our existing staff and it is not envisaged that there will be any economic or social implications for any of our employees [other than [enter details of any legal, economic or social implications for the transferee’s employees]].

Measures in connection with the transfer
[We do not envisage taking any measures in relation to our employees in connection with the proposed transfer. As we do not propose to take any measures, we believe that consultation under Tupe is not required. However I would be happy to meet with you to discuss any queries you may have about the proposed acquisition.
[We envisage taking the following measures in relation to the transfer: [enter details of the measures envisaged].

[Agency workers
As regards agency workers:
• the number of agency workers working temporarily for and under the supervision and direction of [enter name of transferee] as at [the date of this letter] is [enter number];
• those agency workers are working in the following parts of [enter name of transferee]’s undertaking: [insert details]; and
• those agency workers are carrying out the following types of work: [insert details of types of work undertaken by agency workers].]

Next steps
We will now begin a period of consultation with you and the other employee representatives with a view to seeking your agreement to the measures that we envisage taking. As a first step, you are invited to a meeting with [name] at [place] on [date] at [time] at which we can discuss the proposed transfer in more detail. You will also have the opportunity to ask questions and make representations in relation to the transfer and the measures envisaged. Please let me know if you are unable to attend this meeting for any reason.]

Although you will obviously have to disclose the information contained in this letter to those for whom you act as a representative, please do not disclose it outside the company.

Please let me know if you have any queries.

Yours sincerely,


[insert name of transferee’s representative]

For and on behalf of [insert name of transferee]