Source: XpertHR quick reference Date: 09-07-2009 Publisher: XpertHR

TUPE - employee liability information

TOPICS:
terms, conditions and employee rights general rights


Under reg.11 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246), the transferor is required to notify to the transferee the employee liability information of any employee who is assigned to the organised grouping of resources that is being transferred. The information must be given no later than 14 days before the relevant transfer1, in writing or in a readily accessible form such as email, or via computer data files. 

The employee liability information required is set out below. 

Required information
The identity and age of the employee
The information that must be included in the employee's written statement of employment particulars under s.1 of the Employment Rights Act 1996
Information on any disciplinary procedure taken in relation to the employee or grievance procedure taken by the employee within the previous two years in relation to which the Acas code of practice on disciplinary and grievance procedures (PDF format, 1.58MB) (on the Acas website) applies
Information on any court or tribunal claim brought by the employee against the transferor within the previous two years and any potential claim against the transferee arising out of the employee's employment with the transferor
Information about any collective agreements that will have effect after the transfer in relation to the transferring employee

1Or if this is not reasonably practicable as soon as reasonably practicable afterwards. 

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