Employee liability information

The TUPE 2006 regulations introduced an obligation on the transferor to provide the transferee with specific information about the transferring employees, called “employee liability information”. The information must be supplied at least 28 days before the transfer date. The duty to supply employee liability information was introduced to address problems encountered when incoming service contractors replaced their outgoing rivals in the bidding process. There is no contractual relationship between the outgoing and incoming service providers, and as a result, until this statutory obligation was introduced, there was no clear mechanism to compel the supply of information about the transferring workforce to the new employers. Union reps are not entitled to this information, which must cover:

• the identity of the transferring employees;

• their age;

• individual statements of employment particulars;

• collective agreements;

• disciplinary and grievance records over preceding two years;

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