Stephenson Harwood’s Kiersten Lucas comments on new TUPE changes

Kiersten Lucas, senior employment associate at Stephenson Harwood, has commented on the new TUPE changes.

She said: ‘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 two years or reasonably expected to be brought in future and (e) information about any collective agreements.’

Lucas said that 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 co-operate earlier and provide information about transferring employees to the new service provider.

‘Separately, from 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.’

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