template

Pre-Transfer Redundancy Consultation Agreement (TUPE)

by
Genie Team
Genie Team
Oct, 10 2023

When to use this template

The Pre-Transfer Redundancy Consultation Agreement (TUPE) under UK law is a legal template that covers the consultation process related to redundancy measures. It applies in the context of a Transfer of Undertakings (Protection of Employment) Regulations (TUPE) situation, which occurs when a business or part of it is sold or transferred to another company.

This legal template outlines the obligations and responsibilities of both the transferor (seller) and the transferee (buyer) in managing redundancies during the pre-transfer period. It is designed to ensure compliance with UK labor laws, particularly those related to employee rights protection and consultation requirements.

The agreement provides a framework for both parties to follow throughout the redundancy consultation process. It includes procedures for identifying employees who may be at risk of redundancy, criteria for selecting individuals, and methods for providing appropriate notice and compensation. It also details the specific consultation requirements, such as the timing, communication channels, and content of information that must be shared with employee representatives or trade unions ahead of any redundancy decisions.

By utilizing this legal template, businesses engaged in a TUPE transfer can establish a structured and fair process for redundancy consultations. It promotes transparency, enables affected employees to understand the reasons behind potential redundancies, and allows employee representatives or trade unions to voice their concerns and negotiate alternative solutions whenever possible.

It is important to note that while this legal template provides a guide for compliance with UK law, it may need to be tailored to the specific circumstances and requirements of each TUPE transfer. Businesses are encouraged to seek legal advice to ensure that the agreement aligns with their unique situation while safeguarding the rights and interests of both the employer and the employees.

Key issues covered in this template

  • Accrued rights
  • Body corporate
  • Breach of clause 4.1
  • Indemnification for failure to comply
  • Person
  • Required by law
  • Schedules
  • Shared responsibility
  • Statutory reference
  • Terms of agreement
  • N/A

What to watch out for

  • The terms of the agreement should be clear and unambiguous

  • The agreement should be in writing

  • The agreement should be signed by both parties

  • The agreement should be dated

  • The agreement should specify the duration of the consultation period

  • The agreement should specify the number of employees affected by the transfer

  • The agreement should specify the names of the representatives of the affected employees

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Used by

Author

Genie Team

Genie Team

@genieteam
Genie AI Team

The Genie Team consists of lawyers and paralegals. Our aim is to open source the law and provide high quality, regularly reviewed legal documents.

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Additional information

Business categories

Business activities

Relevant sectors

Agriculture, Forestry and Fishing

Mining

Construction

Transport

Wholesale

Manufacturing

Energy

Retail

Finance

Real Estate

Consumer, Public & Health Services

Media

Insurance

Legal Services

Education

Technology

Sport & Entertainment

Consultancy

Public Administration

Other

Relevant company sizes

1 - 3

20 - 49

250 - 999

4 - 19

50 - 249

1000 +

Governing law

England and Wales

Language

English UK

Gender neutral

Yes