TUPE Letter Notifying Transferee of Employee Liability Information

Under Regulation 11 of the TUPE Regulations 2006, the transferor has to provide the transferee in writing with the employee liability information of any employee who is assigned to the organised grouping of employees which is the subject of the relevant transfer.

The information that must be provided in this letter is:

• The gender and age profiles of the employees;
• written employment particulars;
• information on any disciplinary or grievance procedure taken within the previous two years;
• 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 that 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.

All data must be processed fairly and lawfully in accordance with data protection legislation. Where possible, information about employees should be anonymised.

As an alternative to providing the information in the letter, an Employee Liability Information Form (also available in this subfolder) can be enclosed with this letter.

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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