TUPE Transfers: Sharing Employee Data Lawfully

We often get asked whether in a Transfer of Undertaking (Protection of Employment) (TUPE) if its OK if sellers share employee information and data with the buyer. Sometimes its not a question of If, and more a question of When!

This is a very good question, because in normal circumstances businesses are keen to ensure that outside parties don’t have access to employee data.

However, in a TUPE there is a legal reason for processing the data and sharing this with the buyer and employers must disclose information it is required to give or face penalties.

TUPE requires that transferors will share with transferees what is called Employee Liability Information (ELI).

This will include:

• Identity and age of employees who will transfer
• Information on their terms and conditions
• Information on any collective agreements
• details of any disciplinary action taken in last 2 years
• details of any grievanes raised by the transferring employees in the last 2 years
• details of any legal action brought by the employee in the last 2 years

This has to be provided 28 days before the transfer, previously 14 days.

Once a transfer has taken place it is good practice to share the employee’s personnel files (the physical files) with the transferee. The former employer doesn’t need the ex-employee’s consent if it was necessary for the purpose of the transfer and the business need of both parties. The new employer will then consider whether all information in the personnel files is needed and delete or destroy and unnecessary information.

If you need any assistance with a TUPE, do call the team on 01527 909436.