TUPE: letter to current service provider requesting ...



[Addressee]

[Address Line1]

[Address Line 2]

[Address Line 3]

[Postcode]

[Date]

Dear [ ],

Contract for [Project Title] – [BMDC/ Ref].

As you are aware, the current Contract terminates on [Date] and the Council is preparing tender documents for the new Contract, which is anticipated to begin on [Date] (the Transfer Date).

It is [likely OR possible] that the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (TUPE) will apply to the re-tendering of the Contract. Therefore, if the Contract is awarded to a new service provider, the contracts of employment of those of your employees who are essentially dedicated to the Contract will transfer to the new service provider who will inherit all rights, duties and liabilities in relation to them.

In order to assist the re-tender of this contract and to enable bidders to formulate a bid, I attach a document which I would ask that you complete. This request is for generalised employment information. [You will be aware that you are obliged under clause [Insert TUPE clause number] of the Contract to provide such information and co-operate with the re-tendering process]. The information you supply will by supplied to bidders in a different format during the tendering process.

In addition, TUPE requires employers to provide Employee Liability Information to the new employer in advance of the Transfer Date. If a new provider wins the Contract and it is deemed that TUPE will apply to the re-tendering, the Council will subsequently ask you to provide Employee Liability Information (including transferring employees' identities) no less than 14 days before the Transfer Date.

You should be aware that your failure to provide Employee Liability Information, within the required time frame, may expose you to an employment tribunal award of at least £500 for each employee about whom information has not been provided. It may also mean that you cannot discharge your obligation under TUPE to inform and consult your workforce about the new service provider's plans for the employees. This failure could expose you to an additional liability of up to 13 weeks pay per employee.

[You will also be aware that you are contractually required by clause [Insert TUPE clause number] of the Contract to provide employee liability information as and when requested.]

I would be grateful if you could complete the attached information spreadsheet for the existing employees that are engaged on the Contract for the majority of their working time and who may be subject to a TUPE transfer if the Contract is awarded to a new provider. Please do not make any alterations to the format of this form.

The Council intends to make this information available to bidders as part of the tender process [and will require bidders to enter into confidentiality agreements in advance of the disclosure].

Please return the completed form no later than [Date]. If you have any questions please do not hesitate to contact [Name].

Yours sincerely,

................................................................

[Name]

[Position]

[Department]

[Address]

[Telephone Number]

[Email Address]

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