GDPR implications of providing employee information in a TUPE situation
Published on: 04/06/2019
Article Authors The main content of this article was provided by the following authors.
Johanna Cunningham Senior Associate, Lewis Silkin (NI) LLP
Johanna Cunningham Senior Associate, Lewis Silkin (NI) LLP
Johanna cunningham

Since qualifying in 2018, Johanna has supported clients with disciplinary and grievance issues, defending employment tribunal claims, senior exits, redundancies, TUPE, and day-to-day HR queries. She also has a strong interest in the overlap between employment law and data protection, regularly advising on subject access requests, data breaches, employee monitoring, and matters involving cross-border workers.

GDPR implications of providing employee information in a TUPE situation

In a TUPE transfer, the transferor (former employer) must provide the transferee (new employer) with employee liability information in relation to the transferring employees as set out under Regulation 11 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) This includes: 

  1. the identity and age of the employee;  

  1. the written employment particulars required to be given to the employee under article 33 of the Employment Rights (Northern Ireland) Order 1996;  

  1. information on any disciplinary procedure taken in relation to the employee or grievance procedure taken by the employee within the previous two years;  

  1. information on any court or tribunal case, claim or action brought by the employee against

Continue reading

We help hundreds of people like you understand how the latest changes in employment law impact your business.

Already a subscriber?

Please log in to view the full article.

What you'll get:

  • Help understand the ramifications of each important case from NI, GB and Europe
  • Ensure your organisation's policies and procedures are fully compliant with NI law
  • 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
  • Receive free preliminary advice on workplace issues from the employment team

Already a subscriber? Log in now or start a free trial

Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 04/06/2019