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Information Commissioner publishes data protection guide on employee liability information under TUPE

This new guide is to support an outgoing employer in its requirement to give employee liability information under TUPE without a data protection breach.

Under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), the outgoing employer (the Transferor) must give specific information, known as employee liability information, to the incoming employer (the Transferee) about the employees that will transfer to it.

In practice

Employers are quite rightly cautious about whether giving employee liability information will be a breach of data protection obligations. The Information Commissioner has produced a guide, Disclosure of employee information under TUPE, which addresses this and other concerns.

The guide is short, at just 6 pages. It provides an invaluable and practical overview of the obligations to give employee liability information under TUPE and also the obligations under the Data Protection Act 1998 to help avoid any breach of data protection.

Any people manager involved in a TUPE transfer as the outgoing Transferor should read this guide. It is also useful for people managers of an incoming Transferee. Employee liability information is basic. The incoming Transferee often and very sensibly wants to know more and asks for more from the outgoing Transferor. Understanding the outgoing employers’ obligations to give employee liability information and what information they can and cannot give to will save time and money.

If you are unsure about what information you must give under TUPE and when, Quantrills’ specialist TUPE and employment law solicitors will be able to help you.

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