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.

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.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 11 June 2026
  • Immigration

MAC report reveals who stays in the UK on the Skilled Worker Route – Key insights for employers

Key insights from the MAC report: Who stays in the UK on the Skilled Worker route? Essential findings and takeaways for employers.

art
  • 08 June 2026
  • Privacy and Data Protection

FAQs – Privacy Documentation

Clearly documenting and regularly reviewing data protection policies and procedures is paramount to demonstrating compliance with the UK GDPR. It is essential that such policies are communicated within an entity and staff are regularly trained on these.

art
  • 03 June 2026
  • Employment

Holiday Pay Record Keeping – What this new duty means for employers

The Employment Rights Act 2025 made certain changes to the rules around holiday records, which came into effect on 6th April 2026.

art
  • 03 June 2026
  • Corporate and M&A

Is your Company’s Register of Members accurate? The hidden risks of getting it wrong

Ensure your company’s Register of Members is accurate and compliant. Learn the legal risks, common mistakes, and how to protect your business from penalties.

art
  • 02 June 2026
  • Corporate and M&A

Clarkslegal welcomes leading Corporate Law expert Mark Ridley as Partner

Clarkslegal is delighted to announce the appointment of Mark Ridley as a new Partner in the Corporate and Commercial team.

art
  • 28 May 2026

Newly rebranded legal services group Orwins makes investment in Clarkslegal

Orwins, the law firm for ambitious businesses and high net worth individuals, has today, 27 May 2026, announced a significant investment in Reading-based commercial law firm Clarkslegal.