Duty to provide employee liability information

TUPE imposes a duty on the transferor to provide specific information to the transferee about the employees who will transfer, 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.

A failure to provide this information will result in a financial penalty for the employer. The information must be provided at least 28 days before the transfer date (increased from 14 days for all transfers on or after 31 January 2014). Reps have no legal right to this information.