TUPE employee liability information letter
If TUPE is proposed, send this model letter to the incoming employer to provide them with liability information for transferring employees.
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What is a TUPE employee liability information letter?
A TUPE employee liability information (ELI) letter is a written document that the outgoing employer provides to the incoming employer to provide information about the employees who will transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).
The purpose of the letter is to enable the incoming employer to understand the employment liabilities and obligations that they will inherit as part of the transfer, and to enable them to make informed decisions about the future of the transferred employees. This helps to ensure that the employees' rights and interests are protected during the transfer process, and that the incoming employer is able to comply with its legal obligations under TUPE.
The TUPE ELI letter typically includes information such as the employees' names, dates of birth, and employment start dates, as well as their job titles, locations, and details of their employment contracts. The letter may also include information about any pension schemes, healthcare benefits, or other employee benefits that the employees are entitled to.
It should include, as a minimum:
- age and identity of the employee(s).
- core employment terms and conditions.
- relevant details about grievances and disciplinary action.
- relevant details about court or tribunal claims.
- relevant information about collective agreements.
4 weeks before transfer
The Outgoing employer to the Incoming employer
Great Britain & NI (United Kingdom)
What legislation and best practice guidelines have been taken into account in the development of this template?
When a business or part of a business is transferred to a new employer, TUPE requires the outgoing employer to provide the incoming employer with certain information about the employees who will transfer. This includes information about the employees' terms and conditions of employment, including any collective agreements, and any outstanding grievances or disciplinary procedures.
Information should be provided 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 you fail to provide the employee liability information, or if the information you provide is inaccurate, the incoming employer could bring a claim against you for compensation.
You are required to provide the employee liability information in writing.
In which communication or process sequence does this template belong?
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 notification of intention to elect employee representatives letter template
If TUPE is proposed, send this model letter to affected employees to them of an upcoming election process to determine representatives for consultation.
