The Data Protection Act and Transfer of Undertakings (TUPE)


Your employer must comply with the Data Protection Act 1998 when there is a transfer of a business to which the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) [2006] applies.


See ICO on Disclosure of employee information under TUPE

TUPE requires that certain information about the business is provided to the new employer before the transfer takes place. This includes;

  • details of pay
  • hours of work
  • leave entitlement
  • details of any disciplinary or grievance proceedings

Your current and prospective employer must consider their data protection obligations early in the transfer process and only pass on accurate, current and secure information required by the new employer.

Case Study

It was reported by BBC Producer Oisin Tymons  lawyers on 16th February 2016 that  Jeremy Clarkson had apologised and settled the claim against him for race discrimination and personal injury.  Oisin Tymon launched the case against the TV presenter last year after an incident involving verbal abuse and Tymon ending up with a bloody lip. In his apology, released by Tymon’s lawyers Slater and Gordon, Clarkson said: “I would like to say sorry, once again, to Oisin Tymon for the incident and its regrettable aftermath. “I want to reiterate that none of this was in any way his fault. “I... Read More
Jeremy Clarkson and race discrimination
Business, Finance & Law