What is "employee liability information" under the TUPE Regulations 2006?

Under reg.11 of the TUPE Regulations 2006, the transferor is required to notify the transferee of "employee liability information" relating to any person employed by it who is assigned to the organised grouping of resources or employees that is the subject of the relevant transfer. This must be provided no later than 28 days before the transfer takes place.

"Employee liability information" means:

  • the identity and age of the employee;
  • the written employment particulars required to be given to the employee 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 applies;
  • information on any court or tribunal case, claim or action brought by the employee against the transferor within the previous two years, or any court or tribunal case, claim or action arising out of the employee's employment with it that the transferor has reasonable grounds to believe the employee may bring against the new employer; and
  • information about any collective agreement that will have effect after the transfer in relation to the employee.