Employee liability information 


At least 28 days before the transfer date, the outgoing employer is under a statutory obligation to give the incoming employer specific information about the transferring employees, called “employee liability information”. This requirement was introduced to address problems encountered on a change of service provider. Since there is no contractual relationship between the old and new service contractors, there is no contractual basis for requiring the outgoing employer to give the incoming employer any information about the new workforce. This statutory obligation is intended to plug this gap and to compel outgoing contractors to supply the information needed. The information 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; and


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


Union reps have no right to share this information.