Hello again, under TUPE, it is only the employees and their contracts of employment that transfer over to you and which you have to honour. There may be ancillary issues related to the transfer such as client contracts, but id these are not part of the employee’s contracts of employment then you do not have to honour them. Other contracts would not transfer to you at the same time and your legal responsibility only stretches as far as honouring the contract of employment of the transferring employees.
In terms of providing you with information, the outgoing employer must obtain employee liability information about the employees and send it to you. However, outgoing service providers may be reluctant to give this information, especially where they have concerns about losing the service contract or are concerned about confidentiality. Regulation 11 of TUPE obliges the transferor to give the employee liability information to the transferee bidder, that is, the potential new employer and only 28 days before the transfer.
If they do not provide the relevant employee information, the new employer can bring a claim in the employment tribunal within three months of the date of the transfer (regulation 12(1)-(2), TUPE).
The tribunal can order that they pay you such amount as the tribunal considers just and equitable, having regard to your loss and any contractually agreed terms between the parties, subject to a minimum of £500 for each employee in respect of whom the information was not provided or was defective (unless the tribunal considers that it would be unjust or inequitable to award this minimum payment).
However, if the criteria for a TUPE transfer were met, then you cannot ask for the employees to be taken back as TUPE is an automatic principle, not a choice.
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