Letter Requesting Due Diligence Information in Respect of a TUPE Transfer
Under Regulation 11 of the TUPE Regulations 2006, the transferor has to provide the transferee with the employee liability information, in writing, of any employee who is assigned to the organised grouping of employees which is the subject of the relevant transfer.
The information includes age and gender profile of the employees in question, their employment particulars, their disciplinary and grievance records, details of any collective agreements and details of any outstanding claims against the outgoing employer.
This Letter Requesting Due Diligence Information in Respect of a TUPE Transfer should be used by the transferee organisation in conjunction with the TUPE Employee Liability Information Form.
All data must be processed fairly and lawfully in accordance with data protection legislation. Where possible, information about employees should be anonymised.
The transferor of a business must provide the employee liability information no later than 28 days before the transfer. The transferor has an obligation to advise the transferee of any changes to the information provided.
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