Transfer personnel files to the transferee

Key points

  • Where there is a TUPE transfer, the transferor is required to provide the transferee with certain information relating to the transferring employees, which will include some but not necessarily all information from their personnel files. The transferee may request more than the minimum information required under the TUPE legislation as part of the due diligence exercise.
  • When providing information from the personnel files to the transferee, the transferor should ensure that it complies with its obligations under the Data Protection Act 1998.
  • The transferor should retain a copy of information in the personnel files where appropriate, for example to comply with a legal obligation or where the information may be evidence in a legal claim brought by the employee.

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