Caution is urged on transfer of employee data

A good practice note on Disclosure of employee information under TUPE has been issued by the Information Commissioner’s Office, the independent public body set up to protect personal information.

The note explains what organisations need to do to comply with the Data Protection Act 1998 when providing information about their employees in a business transfer under the TUPE regulations.

Under TUPE, a new employer must be given certain information — “employee liability information” — at least 14 days before the transfer. Such information includes identity and age of the employees transferring; “statements of employment particulars”, which are usually in the employee’s contract of employment; and information about collective agreements.

In addition, details of any legal action brought against the employer by an employee in the last two years and any other legal action the employer may be facing has to be provided.

However, the note warns against giving more information, over and above that required by TUPE, or giving information at early stages to potential bidders, who may not become the new employer.

Any such information should only be given on an anonymous basis; and employers should only disclose this extra information with the consent of the individuals concerned or with appropriate safeguards in place.

The note is available at: www.ico.gov.uk/Home/what_we_cover/data_protection/guidance/good_practice_notes.aspx