Employment Contract Template for TUPE Transfers (UK 2025)

When You Need This Contract

TUPE transfers automatically transfer employment contracts from the old employer to the new employer, preserving all existing terms and conditions. The new employer inherits the employees on their existing terms and cannot change contractual terms merely because of the transfer. This template guidance covers the information and consultation obligations, the process for confirming transferred terms, and the limited circumstances in which terms can be harmonised. Understanding TUPE is essential for any business acquiring staff through a business sale, outsourcing, or insourcing arrangement.

Key Clauses

• Confirmation letter setting out the transferred terms and new employer details
• Preservation of existing contractual terms and conditions
• Information about the new employer's pension arrangements
• Details of any proposed measures affecting transferred employees
• Employee liability information schedule from the transferor

What to Watch Out For

• Attempting to change transferred employees' terms and conditions solely because of the TUPE transfer, which is automatically void
• Not consulting with employee representatives about proposed measures before the transfer takes effect

Sample Clauses

• Sample TUPE confirmation letter: 'Following the transfer of [business/service] from [old employer] to [new employer] on [date], your employment has transferred to [new employer] under TUPE. Your existing terms and conditions of employment are preserved. Your continuity of service from [original start date] is maintained. Your new employer contact is [name and details].'
• Sample measures notification: 'The new employer proposes the following measures that may affect you after transfer: [details]. These measures are proposed to [business reason]. You have the right to be consulted about these proposals through your employee representatives.'