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    BASIC POSITION

    CAUTION: go to notes on Equality Act 2010/changes made by the Act for changes to discrimination law in effect from 1st October 2010. The unique emplaw EA 2010 cross-reference tool will locate new statutory references for you.

    TUPE regulations 2006 (SI 2006/246) reg 11 requires the transferor of a business or undertaking to notify to the transferee specified "employee liability information" about any person employed by him who is assigned to the organised grouping of resources or employees that is the subject of a relevant transfer.

    Employee liability information is specified and includes most details of employee records "as at a specified date not more than fourteen days before the date on which the information is notified to the transferee" (and of course there is provision to require changes to be notified).

    The notification must be in writing or by making it available to the transferee "in a readily accessible form" and must be given no later than 14 days before the relevant transfer or, if special circumstances make this not reasonably practicable, as soon as reasonably practicable thereafter.


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    updated June2009.
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