Changes to the TUPE timeline

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On a TUPE transfer, the old employer is required to supply basic information about each transferring employee to the new employer. As of 1 May 2014, the old employer must provide this information earlier on in the process.

The information the old employer has to supply is called the Employee Liability Information. It consists of:

  • Names and ages (not dates of birth)
  • All the particulars of employment that you are required to give to the employee under section 1 of the Employment Rights Act
  • Applicable collective agreements
  • Disciplinary and grievance procedures taken against or by the employee in the previous two years; and
  • Any court or tribunal case or claim brought by an employee within the previous two years and any cases or claims which the old employer has reasonable grounds to believe might be brought against it.

For TUPE transfers which take place on or after 1 May 2014, the old employer must provide the information at least 28 days before the transfer. Previously, the deadline was 14 days before the transfer.

In practice, of course, new employers need to know more than this about transferring employees’ contracts of employment and working arrangements, ideally at an earlier stage. New employers want to:

  • Plan properly for onboarding staff
  • Comply with their own legal obligation to tell the old employer what measures they are proposing in relation to transferring employees. This is only possible if they have a more detailed picture of what the employees are currently entitled to.

How we can help

Join us at one of our 'New TUPE: making it work for you' seminars which start next week for more detail about

  • what information new employers should ask for and when
  • what information old employers should and should not hand over

Read more and reserve your place

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Media Team 020 7654 1576

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