The Data Protection Act and Transfer of Undertakings (TUPE)

privacy

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

In the Scottish case of Collins v First Quench Retailing Ltd [2003], Ms Jacqueline Collins was awarded £179,000 from her employers when the off-license she managed was robbed. Ms Collins had been the manager of Victoria Wine, run by First Quench Retailing, for about ten years. When Mrs Collins started in the shop she had been concerned about security and raised this with management. Since 1977 there had been 13 reported crimes at the shop, including five thefts, one minor assault, one serious assault and one assault with intent to rob. There were two armed robberies in 1994 and four... Read More
Ms Jacqueline Collins was awarded £179,000 from her employers when the off-license she managed was robbed.Collins v First Quench Retailing Ltd
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