Following amendments to the TUPE 2006 regulations in January 2014, for transfers which take place on, or after 1 May 2014, the transferor employer must now provide ‘employer liability information’ to the new employer before the transfer takes place at least 28 days before the transfer is completed, whereas previously the time limit was 14 days. The Information Commissioner’s Office (ICO) has published updated guidance, ‘Disclosure of employee information under TUPE’, to address any uncertainties employers may have about how they can comply with the Data Protection Act (DPA) and TUPE when disclosing personal information about their employees. The DPA permits these disclosures because they are required by law. But parties must comply with the data protection principles when handling personal information and can do so by following the ICO guide.

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The aim is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out full details of all the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided contact us for further information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.