Search

How can we help?

Icon

TUPE: Employers must provide full information about employees

Under section 1 of the Employment Right Act 1996, employers must provide most employees with particular information about their employment including start date, scale/rate of remuneration, and terms relating to hours of work. 

From 6 April 2020, this right will be extended to all employees and workers and the following new information will also need to be provided:

  • The days of the week the worker is required to work, whether working hours or days may be variable and details of how they may vary
  • Any entitlement to paid leave including maternity leave and other types of family leave
  • Any other benefits provided by the employer
  • Any probationary period including any conditions and its duration
  • Any training entitlement provided by the employer including details of training the employee is required to complete and other required training which is not paid for by the employer

Under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”), transferors are required to provide Employee Liability Information (“ELI”) to transferees which includes “those particulars of employment that an employer is obliged to give to an employee pursuant to section 1 of the 1996 Act”.   Therefore, the changes above, would appear to impact on the transferors requirements under TUPE.

The days of the week the worker is required to work, whether working hours or days may be variable and details of how they may vary

Of particular importance in this area, is the requirement to provide details of all benefits.  Currently, only certain benefits are caught by section 1 (such as terms on pensions and sick pay) but this new wording effectively creates a ‘catch all’ provision.   It is unclear whether this requirement is intended to apply to discretionary benefits; certainly on a literal interpretation that would appear to be the case.  This is a welcome change for transferees, who often struggle to get adequate information to assess the rights and obligations transferring to them.   Whilst transferees will still need more information, this does go some way to helping them get a more complete picture.   It would be prudent for transferors, who are involved in TUPE situations now, to ensure this new information is provided for transfers taking effect on or after 6 April next year.

About this article

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

About this article

Read, listen and watch our latest insights

art
  • 08 July 2025
  • Corporate and M&A

Share buybacks and what to do when they are void!

A share buyback is when a company purchases its own shares from a shareholder. However, for a limited company to successfully purchase its own shares, it must comply with Part 18 of the Companies Act (CA) 2006.

art
  • 07 July 2025
  • Commercial Real Estate

Climate change risks in property transactions

Climate change is starting to affect our lives to a greater extent than experienced before. Extreme weather events such as floods, droughts and heatwaves are becoming a frequent occurrence.

art
  • 04 July 2025
  • Employment

Update: The ‘Employment Rights Bill Implementation Roadmap’

The Employment Rights Bill is a draft law which is poised to expand the rights of employees, signifying a major overhaul in employment law. The ERB has already been passed by the House of Commons and is currently at the ‘Report Stage’ in the House of Lords.

Pub
  • 03 July 2025
  • Corporate and M&A

Get your tech business market ready for sale

In our latest podcast, join Stuart Mullins and Nicky Goringe Larkin to learn how to maximise your tech business value and get your tech business market ready for sale.

art
  • 03 July 2025
  • Immigration

Major Changes to the Immigration Rules from 1 July 2025: What Employers and Visa Holders Need to Know

We outline the key updates, how they affect employers and visa holders—particularly those on the Skilled Worker and Global Business Mobility (GBM) routes—and how our team can assist you in staying compliant and ahead of policy changes.

art
  • 02 July 2025
  • Employment

Day One Rights: What the New UK Employment Bill Means for You and Your Workplace

Let’s unpack what’s changing in the UK Employments Rights Bill, and why it matters, and what both employees and employers should expect.