Sharing employee information in a TUPE transfer

Under TUPE, the new employer inherits the employees who work in the transferring business or contract, together with almost all their existing contractual and other rights. TUPE therefore requires the old employer to provide basic information to the new employer about each employee who will be transferring. This is called Employee Liability Information, or ELI. In practice, the new employer will often ask for additional information, sometimes through a due diligence process.

This section deals with the process of due diligence and the supply of ELI and other information before a transfer. It also considers the impact of data protection laws on this process.

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