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

Westlake v ZSL London Zoo (2015) An employment tribunal ruled that a London Zoo meerkat handler who got into a Christmas party fight with a monkey specialist over their love rivalry for a llama keeper was unfairly dismissed, however she received nothing in compensation.  The employment tribunal said that two zookeepers who got into a fight at London Zoo’s Christmas party should have received the same disciplinary sanction. At London Zoo’s Christmas party, zookeeper Ms Westlake got into a fight with a colleague, Ms Sanders. The fight appeared to originate over another zookeeper Mr Davies, Sanders’ former boyfriend who was... Read More
Westlake v ZSL London Zoo (2015) An employment tribunal ruled that a London Zoo meerkat handler who got into a…Meerkats v Monkeys
Business, Finance & Law