Employee liability information

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TUPE imposes a duty on the transferor to provide specific information to the transferee about the transferring employees, called “employee liability information”. It consists of:

• the identity of the transferring employees;

• their age;

• individual statements of employment particulars;

• collective agreements;

• disciplinary and grievance records over the preceding two years; and

• legal action by employees against the employer over the preceding two years and any potential legal claims.

Union reps have no statutory right to see this information.

This list does not currently include National Minimum Wage records (see Mears Homecare Ltd v Bradburn [2019] UKEAT 0170/18).

A failure to provide this information at least 28 days before the transfer date (14 days in Northern Ireland) will result in a financial penalty. The information does not have contractual status (Born London Limited v Spire Production Services Limited [2017] UKEAT 0255/16).