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TUPE request to check personal information letter

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If TUPE is confirmed, send this model letter to any affected employee to request that they check their personal information before you send it to the incoming employer.

Reading time
How long to understand and implement this letter?
10 mins
Word count
How many words in this letter?
257
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What is a TUPE request to check personal information letter?

An outgoing employer should ask any affected employee to check their personal information before they send it to the incoming employer for several reasons:

  1. Accuracy: The outgoing employer wants to ensure that the employee's personal information is accurate and up-to-date before it is transferred to the incoming employer. This helps to avoid any potential errors or discrepancies in the employee's personal information that could cause problems later on.

  2. Privacy: The outgoing employer wants to ensure that the employee's personal information is only shared with the incoming employer to the extent that it is necessary for the business transfer or outsourcing. By asking the employee to check their personal information, the outgoing employer can ensure that the employee is aware of what personal information is being shared and can raise any concerns if necessary.

  3. Compliance: The outgoing employer has a legal obligation to comply with data protection laws and ensure that personal information is transferred securely and in accordance with the law. By asking the employee to check their personal information, the outgoing employer can ensure that they are complying with their legal obligations and avoid any potential breaches of data protection laws.

  4. Transparency: By involving the employee in the process of transferring their personal information, the outgoing employer can demonstrate transparency and openness in the business transfer or outsourcing process. This can help to build trust and confidence with the employee, who may be anxious about the transfer of their employment.

Overall, asking affected employees to check their personal information before it is transferred to the incoming employer is an important step in ensuring that the transfer process is smooth, compliant with the law, and respectful of employees' privacy and personal information.

Best practice timescale for this to be issued
When should this letter be issued?
6 to 5 weeks before transfer
Issued by who, to whom
Who should issue this letter, and to whom?
The Outgoing employer to the Employee
Applicable legal jurisdiction
In which jurisdiction can this letter be used?
Great Britain & NI (United Kingdom)

What legislation and best practice guidelines have been taken into account in the development of this template?

  1. The General Data Protection Regulation (GDPR): Employers must ensure that they comply with the GDPR when processing personal data of employees. This includes obtaining valid consent, providing employees with information about the processing of their personal data, and ensuring that their data is processed lawfully, fairly, and transparently.

  2. The Data Protection Act 2018: Employers must ensure that they comply with the Data Protection Act 2018, which supplements the GDPR and provides additional requirements for the processing of personal data.

  3. The Employment Rights Act 1996: The request to check personal information letter should inform the employee of their rights under the Employment Rights Act 1996, including the right to access personal data held by the employer.

  4. The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE): Employers must ensure that they comply with the requirements of TUPE, including the obligation to inform and consult with affected employees.

In addition to these laws, employers should also consider any relevant collective agreements or contractual terms that may apply to affected employees. The request to check personal information letter should be clear and comprehensive, providing all relevant information about the processing of personal data and the employees' rights in relation to this.

Outgoing employers are under a legal obligation to provide employee information to an incoming employer in a TUPE transfer at least 28 days prior to the transfer. The information must be accurate as as at a date no more than 14 days before the date of the letter.

If the information you provide is inaccurate, the incoming employer could bring a claim against you for compensation.

TUPE request to check personal information [Delete this line]

[Company name]

[Sender address]

 

[date]

[Recipient name]

[Recipient address]

 

Dear [Recipient first name],

 

TUPE transfer

I write regarding the transfer of [old department/company name] to [new company name], following which the employees within [old department/company name] will transfer to [new company name].

We are required to provide the incoming employer with accurate employee personal information no later than 28 days prior to your transfer. I would therefore be grateful if you could review and make any appropriate changes to the personal data below, and return this letter to me no later than [date].

Full name (with title and forenames):  
Job title:  
Department:  

PERSONAL DETAILS

Address:  
Home telephone:  
Mobile telephone:  
Marital status:  

BANK DETAILS / PAYROLL

Bank / Building Society name:  
Address:  
Account name:  
Account number:  
Sort code:  

NEXT OF KIN

Full name:  
Address:  
Home telephone:  
Mobile telephone:  
Relationship:  

The personal data above is correct to the best of my knowledge.

Signed (employee):   Date:  

Yours [faithfully | sincerely],

 

 

[Sender name]

[Sender job title]

[Sender telephone]
[Sender email]

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In which communication or process sequence does this template belong?

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TUPE measures letter template

If TUPE is proposed, send this model letter template to the outgoing employer to detail measures that will be taken in connection with the transferring employees.

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TUPE request to check personal information letter template
Next step
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TUPE request for employee liability information letter template

If TUPE is proposed, send this model letter to the outgoing employer to request employee liability information.

tupe request to check personal information letter