TUPE employee liability information update letter

Where, as the transferor, you’ve supplied the transferee with the “employee liability information” on a TUPE transfer, if there’s then any change to that information you must inform the transferee.

TUPE legislation

Under Regulation 11 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), the transferor must provide to the transferee in writing, or in another readily accessible form, what’s known as the “employee liability information” which relates to any employee who is assigned to the undertaking that is the subject of the TUPE transfer. The information that must be given is:

• the identity and age of the employee
• their statutory written statement of employment particulars
• information about any collective agreement that will have effect after the TUPE transfer in relation to the employee
• information about any disciplinary or grievance procedure taken within the previous two years where the Acas Code of Practice on Disciplinary and Grievance Procedures applies
• information on any court or tribunal case, claim or action either brought by the employee against the transferor within the previous two years, or that the transferor has reasonable grounds to believe the employee may bring against the transferee arising out of their employment with the transferor.

Use our TUPE Employee Liability Information Letter to provide this information, and you must do this not less than 28 days before the TUPE transfer.

Notifying changes

Regulation 11 of TUPE also says that, following notification of the employee liability information, the transferor must notify the transferee in writing of any change in that information. This is therefore the purpose of our TUPE Employee Liability Information Update Letter. It refers to the earlier letter and then enables you to set out the changes that have occurred to the employee liability information supplied at that time.

Confidentiality and data protection

The legal obligation to provide updated employee liability information overrides data protection requirements to keep information about employees confidential. However, it’s still advisable to obtain formal assurances from the transferee that it will safeguard the updated employee liability information and not misuse it in any way. Therefore, our letter also sets out a few confidentiality provisions and asks the transferee to sign and return a copy of the letter to accept them.