What information should an employer give to the representatives of affected employees in a TUPE situation?

An employer that is the transferor or transferee in a TUPE situation must provide certain information to "appropriate representatives" of its affected employees long enough before the proposed transfer to enable it to meet its obligation to consult (where consultation is necessary).

The employer must inform the representatives that the relevant transfer is to take place, when, approximately, it is to take place and the reasons for it. It must also inform them of the legal, economic and social implications of the transfer for any affected employees and the measures that it envisages that it will take in relation to affected employees, in connection with the transfer. If it is envisaged that no measures will be taken, the representatives must be informed of that fact.

The "affected employees" include not only those who are transferring, but also those who may be affected by the transfer or measures taken in connection with it. Therefore, there will be a duty on the transferee to provide information to representatives of its existing employees, if they may be affected.

The transferor must inform the representatives of its affected employees of the measures that the transferee is likely to take in relation to those of its employees whose contracts of employment are to be transferred (but there is no duty for the transferor to consult with its employees on those measures).

The information provided by the employer must include "suitable information relating to the use of agency workers". This means:

  • the number of agency workers working temporarily for and under the supervision and direction of the employer;
  • the parts of the employer's undertaking in which those agency workers are working; and
  • the type of work those agency workers are carrying out.