Roger,
In my view the current employer is under a legal obligation to provide
sufficient information to the TUPE supplier to allow them to supply the same
pay and conditions of service that the employees have under the existing
employment contract. My understanding of TUPE is that the TUPE supplier is
then free to negotiate any change in conditions of service after the
transfer is complete.
However, I don't think that this would justify handing over a complete
personnel file with sickness, discipline, staff assessments and the like. It
only justifies sufficient basic information for payroll purposes and any
additional information needed to preserve conditions of service such as
sickness/holiday entitlement etc. Presumably these conditions of service
would also be the subject of trade union negotiation before the transfer.
As you say, any additional information can then be supplied voluntarily to
the new employer.
Allan Yuill
Corporate Services (IT)
Council Offices
2, The Cross
Kilmarnock KA1 1LR
Phone: +(44)1563 57 6836
Fax: +(44)1563 57 6067
Mailto:[log in to unmask]
-----Original Message-----
From: Roger Glover [mailto:[log in to unmask]]
Sent: 18 August 2000 08:56
To: [log in to unmask]
Subject: Personnel Information in TUPE transfers.
To what extent should current staff Personnel files be transferred to a TUPE
supplier?
As far as I am aware there is no legislation in TUPE to authorise this type
of transfer. Personnel information is in their terms "Confidential" and
should not be transferred on to new employers when people leave.
So unless there is some TUPE regulation, I assume that the TUPE supplier
should collect any back history from the person concerned.
Of course the Authority could inform the staff being transferred and ask for
their consent to the disclosure.
Does anybody have any other information or views?
Am I correct in this appraoch?
Quick replies appreciated.
Roger Glover.
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