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PRECEDENTS
[ To be typed on headed notepaper of transferor ] [ Strictly private and confidential ] [Date] Dear [insert name of relevant person at the transferee], We refer to the proposed [disposal of our business to you OR
PRECEDENTS
[ To be typed on headed note paper of transferor or transferee ] [Date] [ Strictly private and confidential ] Dear [insert name of employee], [ [ If from transferor: ] We are writing to tell you that [we are proposing to transfer our [insert details] business to [insert name of transferee] OR we are proposing to outsource our [specify business function] to [insert name of transferee] OR our contract for the provision of [insert details] services to [insert name of client] is coming to an end and, on its termination, those services will be performed by [insert name of new contractor/client]]. OR [ If from transferee: ] We
PRECEDENTS
[To be typed on headed notepaper of transferee] [ Strictly private and confidential ] [Address] [Date] Dear [enter name(s) of relevant individual(s) at the transferor], Proposed transfer of [enter details] to [enter name of transferee] I refer to the proposed [disposal of your business to us OR outsourcing of your [identify business function] to us OR termination of your contract to provide [identify services] services to [us OR identify client] ] [ and to your letter dated [enter date of any letter sent by the transferor to the transferee requesting details of proposed measures]]. I write in my capacity as [enter position] of [enter name of transferee], and as required by Regulation 13(4) of the Transfer of Undertakings (Protection of Employment) Regulations 2006, to [confirm that [enter name of transferee] does not
PRECEDENTS
[ To be typed on headed notepaper of transferor ] [Date] [ Strictly private and confidential ] Dear [insert name of trade union official(s) or employee representative(s), or affected employee] [As you are aware, we have been in discussion with a number of prospective purchasers in relation to the [identify business or part being transferred] (the ‘Business’). A purchaser has now been found and I am writing to confirm that we are proposing to transfer the Business to [enter name of transferee]. OR As you are aware, we have been in discussion with a number of prospective service providers in relation to the [identify business or part being transferred] (the ‘Services’). A service provider has now been found and I am writing to confirm that [enter name of transferor] is proposing to outsource the Services to [enter name of transferee]. OR As you are aware, our contract to provide [insert details] services (the ‘Services’) to [enter name of client] is coming to an end and on its termination those services will be performed by [enter name of transferee]. I am writing
PRECEDENTS
[To be typed on headed notepaper of transferee] [Date] [Strictly private and confidential] Dear [insert name of trade union or other employee representative(s) or affected employee] [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]. OR As you are aware, we have decided to bring back in house our [identify business function] currently outsourced to [identify transferor] from [insert date]. OR 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
PRECEDENTS
[ To be typed on headed notepaper of transferor ] [Date] Dear [enter name of employee] Transfer of employment to [enter name of transferee] [As you will be aware, contracts were exchanged today for the sale of [enter description of business or part of business] to [enter name of transferee]. OR As you will be aware, we entered into a contract today for [enter name of transferee] to provide [enter description of services]. OR As you will be aware, our contract to provide [insert details] services to [identify client] is coming to an end on [date] and on its termination
PRECEDENTS
[To be typed on headed notepaper of transferor] Strictly private and confidential [Address] [Date] Dear [enter name(s) of relevant individual(s) at the transferee] Proposed transfer of [enter details] to [enter name of transferee] I refer to the proposed [disposal of our business to you OR outsourcing of our [identify business function] to you OR termination of our contract to provide [identify services] services to [you OR [identify client]] ] (the ‘Transfer’)[ and to your letter dated [enter date of any letter sent by the transferee to the transferor requesting the employee liability
PRECEDENTS
[To be typed on headed notepaper of transferee] [Date] Dear [name of employee] [ [As you know, ] [ [with OR With] effect from today OR [on OR On] [insert date]] the[ part of the] business of [insert name of transferor] in which you are employed was transferred to us. OR [As you know, ] [ [with OR With] effect from today OR [on OR On] [insert date]] the contract to provide [specify type] services to [insert name of client] on which you worked was transferred to us. OR [As
PRECEDENTS
[ Strictly private and confidential ] [Address] [Date] Dear [enter name(s) of relevant individual(s) at the transferor], Proposed transfer of [enter details] to [enter name of transferee] I refer to the proposed [sale of your business to [enter name of transferee] OR outsourcing of your [identify business function] to [enter name of transferee] OR termination
PRECEDENTS
[Enter name and address of employee] Dear [enter name] Draft contract of employment I enclose for your review a draft contract of employment[, which has been drafted by your [employer OR prospective employer], [enter name of employer or prospective employer]]. [You will see that there are some areas in square brackets on which I will need your instructions[ and I have added some extra clauses for you to consider]. ]Please contact me when you have had a chance to read through the draft so that I can make any further necessary changes[, bearing in mind that, as this is your employer’s standard contract used for all staff, it may not be possible to negotiate many of the changes you might wish to make]. This type of contract is suitable for an employee working a standard working pattern, as you[ will] do. If, however, your working hours or work location are in fact less structured than this, please let me know so I can check if further flexibility should be built in. I set out below some particular issues
PRECEDENTS
This Precedent is a proforma draft letter of advice to send to an employee regarding a draft settlement agreement, designed to be tailored to reflect the terms of the settlement agreement and the client concerned. The letter assumes that the Precedent Settlement agreement (employment) (long form) is used. The letter explains the effect of the agreement and takes the employee through the provisions included in it. [insert name and address of client] Private and confidential Dear [insert name] Draft settlement agreement with [name of employer] I enclose a draft settlement agreement[ drafted by your employer’s solicitors] for your review. You will see that[ there are a number of options for you to consider and] there are some parts in square brackets. Please contact me when you have had an opportunity to review the draft so that we can finalise it. I set out below the matters you need to consider in relation to the various clauses. 1 The requirements for, and effect of, a settlement agreement A settlement agreement[ (formerly known as a ‘compromise agreement’)] is a legally binding agreement, designed
PRECEDENTS
[Insert name and address of employee] Dear [enter name] Draft service agreement I enclose a service agreement for your review, which has been drafted by [your employer OR your employer’s solicitors].[ You will see that there are some areas in square brackets on which I will need your instructions.] Please contact me when you have had a chance to read through the draft to discuss any further necessary changes to propose to your employer. This type of contract is suitable for a more senior employee working a standard working pattern. If you will be working non-standard hours or have (or would like to have) any flexible arrangements, please let me know, as the contract will need amendment to reflect that. I set out below some particular issues on some of the clauses in the draft[ and have noted some of the more significant issues on which you may wish to negotiate changes].[ The contract is drafted to be consistent with your offer letter but this document is obviously more comprehensive than the offer letter.] [