Employee liability information 




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 share this information. 


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/LA).