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
  • 19 August 2026
  • Employment

Managing employee redundancies: Frequently asked questions (FAQs)

Redundancy should be an employer’s last option when restructuring their business. There are necessary steps that should be taken to ensure that redundancy is the best move forward

art
  • 18 August 2026
  • Immigration

Home Office curtailment of Sponsored Workers’ permission: Why employers and employees must act quickly

The Home Office has recently changed the speed at which it processes sponsor notifications following the end of a sponsored worker’s employment.

art
  • 13 August 2026
  • Employment

ACAS Draft New Code on Disciplinary and Grievance Procedures

ACAS have published a draft Code on 30 July 2026, which will replace the 2015 ACAS Code on disciplinary and grievance procedures when the Code is finalised at the end of September 2026.

art
  • 12 August 2026
  • Corporate and M&A

EMIs – April 2026 changes explained

On 6 April 2026 the Enterprise Management Incentive scheme (EMI) was expanded to make EMIs accessible to a wider range of businesses.

art
  • 06 August 2026
  • Privacy and Data Protection

The rise of the AI-powered individual: Is your business ready?

Artificial intelligence is changing the data protection landscape, but perhaps not in the way many organisations expected. Much of the discussion has centred on businesses adopting AI and ensuring they comply with the UK GDPR.

Pub
  • 06 August 2026
  • Employment

Employment law changes in 2026: What you need to know

With ongoing changes to UK employment law, staying updated is more challenging than ever. Join Monica Atwal and Harry Berryman for a live webinar covering 2026 HR changes and key employment law updates on Thursday 17 September.