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TUPE reforms to employee liability information and consultation

TUPE regulations have a reputation - deserved or not - for complexity, but the recent reforms have given us all a welcome opportunity to brush up on the amendments.

Two of the changes are straightforward to understand.

Employee liability information

One concerns the issue of employee liability information (ELI).

ELI is data that outgoing employers must pass on to incoming employers about the employees who are being transferred.

The information includes age and identity of the employees in question, their employment particulars, their disciplinary and grievance records, details of any collective agreements, and details of any outstanding claims against the outgoing employer.

From 1 May 2014, this information must be provided not less than 28 days before the transfer, rather than 14 days stipulated previously.

The change is aimed at giving the new employer more time to plan ahead and prepare for their new staff.

Consultation rights

Another straightforward change is to do with consultation rights for businesses with fewer than 10 employees.

TUPE regulations require outgoing and incoming employers to inform and consult with elected representatives of the affected workforce before the transfer.

If there are no recognised trade union or other representatives, they are required to arrange for an election of employee representatives.

From 31 July 2014, an amendment makes an exception for microbusinesses (those with fewer than 10 employees), who will no longer need to invite the election of representatives for consultation.

They still have a duty to inform and consult directly with each employee about the transfer, or consult with a recognised union or employee representatives if there are any.

Acas publications and services

Detailed information on each of the recent amendments to TUPE regulations, including the two above, is available in the Acas leaflet pdf  TUPE changes 2014 [161kb]. See our Transfer of undertakings (TUPE) page for more information on TUPE.

In the coming weeks, Acas will be following this up with a full guide on TUPE and how to manage the process effectively.

You can get free support and advice on TUPE and a range of employment relations issues through the Acas Helpline on 0300 123 1100.

Dedicated Acas training is also available on TUPE, including the impact of the reforms, Redundancy and how to understand your options and obligations, and Contracts and terms and conditions.

Visit the Acas Training and Business Solutions area for more information.


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