Employee liability information

[ch 5: page 54]

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 employees who will transfer;

• their age;

• statements of their employment particulars;

• collective agreements;

• disciplinary proceedings within the previous two years;

• grievances raised by those employees within the previous two years; and

• legal action taken by the employees against the employer in the previous two years and potential legal actions.

Union reps have no statutory right to share this information.

A failure to provide this information will result in a financial penalty for the employer. It must be provided at least 28 days before the transfer date (14 days in Northern Ireland).