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Free TUPE Transfer Letter Template

Create a professional TUPE transfer notification letter that complies with UK employment law. Fill in the details, preview, and download a PDF in minutes.

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Apex Solutions Ltd
100 Commercial Road, London E1 1LN | Helen Murray, HR Director
020 7946 0123
hr@apex-solutions.co.uk
2026-04-17
James Robertson
14 Cranbourne Close, London E3 4RT
RE: Notification of Relevant Transfer under TUPE 2006
Transfer Date: 2026-06-01
Dear James Robertson,

We are writing to you, in your capacity as an affected employee within the meaning of regulation 13(1) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 ("TUPE"), to provide you with written information about an anticipated transfer of employment which will take effect on 2026-06-01. This letter is issued jointly (or in agreed sequence) with the Incoming Employer, Horizon Services Group plc of 45 King Street, Manchester M2 4WQ, in discharge of the statutory information duty under TUPE reg 13.
1.
FACT AND NATURE OF THE TRANSFER
1.1 The transaction is a second-generation service provision change / change of contractor (Regulation 3(1)(b)(ii) TUPE 2006). On the transfer date the economic entity (or the organised grouping of employees principally engaged in the client's activities) retains its identity and passes to the Incoming Employer. 1.2 Your employment contract (including your start date of 2021-09-13 and your continuous service) will therefore transfer automatically to the Incoming Employer by operation of regulation 4(1)-(2) of TUPE 2006. No break in continuity of employment will arise. 1.3 Reason for the transfer: Following a competitive retender, the managed IT support contract for the client has been awarded to Horizon Services Group plc from 1 June 2026. The organised grouping of employees principally engaged in delivering those activities will transfer under reg 3(1)(b)(ii) TUPE 2006.
2.
LEGAL, ECONOMIC AND SOCIAL IMPLICATIONS
2.1 Legal implications. The whole of your contract of employment (save for occupational pension rights — see clause 5), including your duties, hours, pay and notice entitlements, will transfer unchanged. Under Alemo-Herron v Parkwood Leisure Ltd [2013] EUECJ C-426/11, dynamic references to later-agreed collective terms will in principle be frozen at the transfer date. 2.2 Economic implications. You will be paid by the Incoming Employer from the transfer date. Your salary and associated benefits will be preserved. Any variation in terms solely by reason of the transfer is void under reg 4(4) TUPE, subject to the limited exceptions in reg 4(5) (economic, technical or organisational reason entailing changes in the workforce). 2.3 Social implications. Your line-management, reporting, work location and working arrangements may be affected as set out in the "measures" notification in clause 4 below.
3.
TERMS AND CONDITIONS — FULL PRESERVATION
3.1 All terms and conditions of your employment — including pay, working hours, holiday entitlement, notice, and any contractual benefits — will transfer unchanged. 3.2 Any attempt to vary your terms solely by reason of the transfer would be void under regulation 4(4) TUPE 2006. Future variations will only be valid if they fall within the reg 4(5) ETO exception or are otherwise lawful. 3.3 Your continuous service date of 2021-09-13 will be recognised in full.
4.
MEASURES ENVISAGED
4.1 Pursuant to regulation 13(2)(d) TUPE 2006, the Incoming Employer has notified the Outgoing Employer of the following "measures" it envisages taking in connection with the transfer in relation to affected employees:

Shift pattern will be aligned to Horizon's standard 08:00-20:00 rota after transfer (subject to individual consultation). Line management will transfer from Helen Murray to Priya Shah (Service Delivery Manager, Horizon). Tooling will migrate from Freshservice to ServiceNow during a 12-week transition.

4.2 Where any measure would, in isolation, amount to a substantial change in working conditions to your material detriment, you retain the right under reg 4(9) TUPE to terminate your contract and be treated as if dismissed (subject to the criteria in Tapere v South London and Maudsley NHS Trust [2009] UKEAT).
5.
PENSION ARRANGEMENTS
5.1 Rights relating to old-age, invalidity and survivor benefits under an occupational pension scheme are excluded from automatic transfer by regulation 10 TUPE 2006. 5.2 From the transfer date, the Incoming Employer will provide an auto-enrolment qualifying scheme under the Pensions Act 2008 (as amended). 5.3 Further details: Horizon operates a qualifying Group Personal Pension scheme with a 5% employer contribution on qualifying earnings, matched by a minimum 3% employee contribution. Staff already enrolled in Apex's scheme will be re-enrolled on the transfer date with no break.
6.
YOUR RIGHT TO OBJECT
6.1 Under regulation 4(7)-(8) TUPE 2006, you may object to your employment transferring to the Incoming Employer. Any objection must be made in writing to the Outgoing Employer before the transfer date, and in any event by 2026-05-25. 6.2 If you object, your employment will end automatically on the transfer date. This will not constitute a dismissal for the purposes of the Employment Rights Act 1996 Part X and you will not be entitled to notice or redundancy pay, save where the transfer involves or would involve a substantial change in working conditions to your material detriment (reg 4(9)), in which case you may treat yourself as dismissed and may be entitled to statutory and contractual remedies.
7.
CONSULTATION RECORD (REG 13 / REG 14 TUPE)
7.1 The Outgoing Employer has discharged the duty to inform and, where measures are envisaged, consult through appropriate elected or trade union representatives in accordance with TUPE reg 13(3) and reg 14. 7.2 Consultation date(s): 10 February 2026, 17 February 2026 and 3 March 2026. 7.3 Consultation was conducted with the recognised trade union, Unite the Union (IT Services Branch). 7.4 Failure to inform and consult under reg 13 may entitle affected employees (or their representatives) to a protective award of up to 13 weeks' pay per affected employee (reg 15(9)), subject to tribunal discretion following Susie Radin Ltd v GMB [2004] EWCA Civ 180.
8.
EMPLOYEE LIABILITY INFORMATION (REG 11)
8.1 The Outgoing Employer is required by regulation 11 TUPE 2006 to provide the Incoming Employer with specified "Employee Liability Information" not less than 28 days before the transfer. This includes name, age, statement of particulars under ERA 1996 s.1, disciplinary and grievance history within the last 2 years, court/tribunal claims within the last 2 years and details of collective agreements. 8.2 The Employee Liability Information was provided on 2026-05-04. The sharing of this personal data is carried out under the lawful bases in Article 6(1)(c) and, in relation to special category data where applicable, Article 9(2)(b) of the UK GDPR, and in accordance with the Data Protection Act 2018 Sch 1 Pt 1. 8.3 Failure to supply the information may expose the Outgoing Employer to a tribunal award of not less than £500 per affected employee under reg 12(3)-(4).
9.
ALLOCATION OF LIABILITY (REG 4 / REG 17)
9.1 All TUPE-transferring liabilities vest in the Incoming Employer. The Outgoing Employer has separately indemnified the Incoming Employer in respect of acts or omissions before the transfer date.

9.2 Details:
All TUPE-transferring liabilities vest in Horizon Services Group plc on the transfer date. Apex Solutions Ltd has given Horizon a written indemnity in respect of any liability, cost or claim arising from acts or omissions before 1 June 2026 (subject to cap of £250,000 agreed in the Asset and Services Transfer Agreement dated 20 March 2026).

9.3 Nothing in this allocation affects your rights to bring a claim against either or both employers under reg 17 TUPE 2006 or ERA 1996 Part X.
10.
PROTECTION AGAINST TRANSFER-RELATED DISMISSAL
10.1 Under regulation 7(1) TUPE 2006, a dismissal is automatically unfair where the sole or principal reason is the transfer, unless an economic, technical or organisational (ETO) reason entailing changes in the workforce applies (reg 7(2)). 10.2 Post-transfer variations of your contract that are made solely by reason of the transfer are void under reg 4(4), following Crystal Palace FC v Kavanagh [2013] EWCA Civ 1410 and Regent Security Services Ltd v Power [2007] EWCA Civ 1188. 10.3 Claims of unfair dismissal arising in connection with the transfer must normally be presented to the Employment Tribunal within three months less one day of the effective date of termination (ERA 1996 s.111), subject to the ACAS Early Conciliation extension in s.18A of the Employment Tribunals Act 1996.
11.
NEXT STEPS AND CONTACT
If you have any questions about this notification or the transfer process please contact Helen Murray, HR Director (hr@apex-solutions.co.uk) or the Incoming Employer's HR team (David Okonkwo, Head of HR, hr@horizonservices.co.uk). You are entitled to be accompanied by a colleague or trade union representative at any consultation meeting arising from this Letter.
12.
GOVERNING LAW AND JURISDICTION
This Letter and the transfer to which it relates are governed by the laws of England and Wales (or Scotland / Northern Ireland where applicable). Any dispute may be referred to the Employment Tribunal under the Employment Tribunals Act 1996, without prejudice to any other jurisdiction available by law. The rights of any third party under the Contracts (Rights of Third Parties) Act 1999 are excluded.
YOURS SINCERELY,
Helen Murray, HR Director
For and on behalf of Apex Solutions Ltd
Date: ____________________
OUTGOING EMPLOYER
Apex Solutions Ltd
Date: ____________________
INCOMING EMPLOYER
Horizon Services Group plc
Date: ____________________
EMPLOYEE (RECEIPT)
James Robertson
Date: ____________________

What Is a TUPE Transfer Letter?

A TUPE transfer letter is a formal notification sent to employees informing them that their employment will transfer to a new employer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). The letter explains what the transfer means for the employee, how their terms and conditions will be affected, and what steps are being taken.

TUPE applies when a business or part of a business transfers to a new owner, or when a service provision changes — for example, when a contract is outsourced, insourced, or re-tendered to a different provider. The regulations protect employees by automatically transferring their employment to the new employer on their existing terms and conditions.

Both the outgoing employer (transferor) and the incoming employer (transferee) have obligations under UK law to inform and consult with affected employees or their representatives before the transfer takes place. British employment law provides strong protections for workers in England and Wales going through a TUPE process.

What's Covered in This Template

Our TUPE transfer letter template includes all the information required to properly notify employees of an upcoming transfer.

Transfer Details

The date of the transfer, the identity of the new employer, and the reason for the transfer.

Affected Employees

Which employees are affected by the transfer and how they have been identified.

Continuity of Employment

Confirmation that the employee's continuous service will transfer to the new employer.

Terms and Conditions

Confirmation that existing terms and conditions of employment will transfer unchanged.

Pension Arrangements

Information about how pension rights will be affected, including any changes to the pension scheme.

Proposed Changes

Any measures the new employer envisages taking that will affect the transferring employees.

Consultation Process

Details of the consultation process, including when it will take place and who the employee representatives are.

Employee Rights

A summary of the employee's rights under TUPE, including protection from dismissal.

Contact Information

Who the employee should contact with questions about the transfer.

How to Create a TUPE Transfer Letter

Follow these steps to create a TUPE-compliant transfer notification letter using our template.

  1. 1

    Identify the Transfer

    Confirm that TUPE applies to the situation — whether it is a business transfer, asset sale, or service provision change. Identify all employees who will be affected.

  2. 2

    Enter Transfer Details

    Fill in the date of the transfer, the name and details of the new employer, and the reason for the transfer. Specify whether this notification is from the transferor or the transferee.

  3. 3

    Confirm Employment Terms

    State that the employee's existing terms and conditions, including pay, holiday, and length of service, will transfer to the new employer. Note any exceptions, particularly regarding pensions.

  4. 4

    Describe Proposed Measures

    If the new employer envisages any changes that will affect the transferring employees — such as restructuring, relocation, or changes to reporting lines — these must be described in the letter.

  5. 5

    Send and Begin Consultation

    Download the completed letter as a PDF and issue it to all affected employees. Begin the information and consultation process with employee representatives in good time before the transfer.

Legal Considerations

TUPE transfers are governed by comprehensive regulations that protect employees during business transfers.

This template is for informational purposes only and does not constitute legal advice. Consult a qualified solicitor for advice specific to your situation.

Reviewed for England & Wales law

Automatic Transfer of Employment

Under Regulation 4 of UK TUPE 2006, employees employed by the transferor immediately before the transfer automatically become employees of the transferee. Their terms and conditions of employment transfer unchanged, except for certain occupational pension rights under English law. Continuous service is preserved. Any purported variation of contract by reason of the transfer is void under British law.

Information and Consultation

Under Regulation 13 of UK TUPE 2006, both the transferor and transferee must inform and consult with appropriate employee representatives long enough before the transfer to allow meaningful consultation. The information must include the fact of the transfer, the date, the reasons, the legal, economic, and social implications, and any measures envisaged. Failure to inform and consult can result in a UK tribunal award of up to 13 weeks' pay per affected employee.

Protection from Dismissal

Under Regulation 7 of the UK regulations, a dismissal is automatically unfair if the sole or principal reason is the transfer itself. However, a dismissal for an economic, technical, or organisational reason (ETO reason) entailing changes in the workforce may be fair in Britain if the employer follows a fair procedure. Constructive dismissal claims may arise if the transfer results in a substantial detrimental change to working conditions under English employment law.

Pensions

Occupational pension rights do not automatically transfer under UK TUPE. However, the Pensions Act 2004 and the Transfer of Employment (Pension Protection) Regulations 2005 require the new British employer to provide a minimum level of pension provision for transferring employees who were members of an occupational pension scheme. This is typically a defined contribution scheme matching employee contributions up to 6%.

Frequently Asked Questions

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