Where, as the transferor, you’ve supplied the transferee with the “employee liability information” on a TUPE transfer, if there’s then any change to that information you must inform the transferee.
TUPE legislation
Under Regulation 11 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), the transferor must provide to the transferee in writing, or in another readily accessible form, what’s known as the “employee liability information” which relates to any employee who is assigned to the undertaking that is the subject of the TUPE transfer. The information that must be given is:
Use our TUPE Employee Liability Information Letter to provide this information, and you must do this not less than 28 days before the TUPE transfer.
Notifying changes
Regulation 11 of TUPE also says that, following notification of the employee liability information, the transferor must notify the transferee in writing of any change in that information. This is therefore the purpose of our TUPE Employee Liability Information Update Letter. It refers to the earlier letter and then enables you to set out the changes that have occurred to the employee liability information supplied at that time.
Confidentiality and data protection
The legal obligation to provide updated employee liability information overrides data protection requirements to keep information about employees confidential. However, it’s still advisable to obtain formal assurances from the transferee that it will safeguard the updated employee liability information and not misuse it in any way. Therefore, our letter also sets out a few confidentiality provisions and asks the transferee to sign and return a copy of the letter to accept them.