Employment alert email
In January we brought you our handy overview of the TUPE changes
coming into effect this year. 1 May marks the next milestone.
Under Regulation 11 of TUPE transferors must give transferees prescribed information about employees who are in scope to transfer. Employee Liability Information ("ELI") includes (a) the identity and age of employees, (b) the employees' particulars of employment required by the ERA 1996, (c) information about disciplinary and grievance procedures involving any transferring employees, (d) information about court/tribunal cases brought against the transferor in the past 2 years or reasonably expected to be brought in future, and (e) information about any collective agreements.
For transfers occurring on or after 1 May 2014 the deadline for the provision of this information has increased from 14 days to 28 days before the transfer.
In asset sales ELI is often provided through due diligence well in advance of the transfer anyway. This change will however be helpful in service provision change situations forcing reluctant primary outsourcers who have lost a contract to cooperate earlier and provide information about transferring employees to the new service provider.
Separately, from next Tuesday 6 May it will be mandatory for claimants to notify ACAS and go through the early conciliation process before raising a Tribunal claim. This has been optional for the past month.
If you're about to go through a TUPE process or ACAS notify you of a potential claim, our experts are on hand to guide you through the new procedures.