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A TUPE Request for Employee Liability Information Letter is used by an incoming employer (the transferee) to formally request the required Employee Liability Information (ELI) from the outgoing employer (the transferor) before a TUPE transfer. It identifies the information required, confirms the proposed transfer date and provides a clear written record of the request.
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This template brings together the key information, sections and considerations you need to create a clear, comprehensive and professional HR document. Preview the document below.
[Sender name]
[Sender address]
[date]
[Recipient name]
[Recipient address]
Dear [Recipient first name],
TUPE Transfer – Request for Employee Liability Information
We are writing further to the proposed transfer of [business / undertaking / service / department] from [Transferor Company Name] to [Transferee Company Name], which is currently expected to take place on [transfer date].
As the incoming employer (the transferee), we are writing to formally request the Employee Liability Information (ELI) relating to the employees who are expected to transfer to [Transferee Company Name] under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).
We would be grateful if you could provide the information requested below as soon as reasonably practicable and, in any event, in accordance with the statutory requirements applicable to the transfer.
Employee Liability Information requested
Please provide the following information for each employee who is expected to transfer:
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When a business or service is transferring under TUPE, the incoming employer needs detailed information about the employees who are expected to transfer. This information allows the transferee to understand the employment liabilities it will inherit and prepare properly for the transfer. The legal responsibility for providing Employee Liability Information rests with the outgoing employer, or transferor.
This template is specifically written from the perspective of the incoming employer and is addressed to the outgoing employer. It makes clear that the request is for Employee Liability Information under TUPE rather than being a general due diligence request.
The letter sets out the key categories of information that the transferor is required to provide, including employee details, employment particulars, relevant disciplinary and grievance matters, collective agreements and employment claims or potential claims.
The template also provides space to request supporting employment documentation and information about contractual arrangements that may not be obvious from a written contract. This can help the incoming employer understand the practical employment arrangements that will transfer.
Employee information can change between the initial request and the transfer date. The letter therefore asks the transferor to identify changes and provide updated information, helping the transferee avoid relying on information that is no longer accurate.
Employee Liability Information contains personal and potentially sensitive employment information. The template includes provisions for agreeing a secure method of transferring the information and limiting unnecessary disclosure.
Related HR resources and workflow
Explore the HR resources that may be relevant before and / or after using the TUPE request for employee liability information letter, helping you understand the wider process, maintain appropriate documentation and follow a consistent approach.
If TUPE is proposed, send this model letter to the incoming employer to provide them with liability information for transferring employees.
Use these best practice actions, recommended timescales and process stages to understand when and how the TUPE request for employee liability information letter should be used, helping ensure each step is handled consistently and appropriately documented.
Understand the common mistakes to avoid when using this HR template, helping you reduce risk, prevent unnecessary costs and ensure the process is handled correctly.
The request can be made by the incoming employer, or transferee, to the outgoing employer, or transferor. The legal duty to provide the statutory Employee Liability Information rests with the transferor.
The transferor must normally provide the required Employee Liability Information at least 28 days before the transfer. It is sensible for the transferee to request it as early as possible so there is sufficient time to review the information and raise queries. https://www.acas.org.uk/tupe/advice-for-employers-and-employees/employee-liability-information
The statutory information includes employee names and ages, written employment particulars, relevant disciplinary and grievance information from the previous two years, applicable collective agreements and relevant employment claims or potential claims. https://www.gov.uk/transfers-takeovers/information-about-employees-during-transfers
The transferee may have a potential employment tribunal claim where Employee Liability Information is not provided correctly or on time. Compensation can be available in qualifying circumstances. https://www.acas.org.uk/tupe/advice-for-employers-and-employees/employee-liability-information
Often, yes. A transferee may require additional due diligence information to understand the workforce and prepare for the transfer. However, wider due diligence should be distinguished from the specific Employee Liability Information required under TUPE.
HRDocBox combines deep HR knowledge, practical application and experience of real workplace situations. This template is specifically structured from the perspective of the incoming employer, helping the transferee make a clear request for the information it needs from the outgoing employer.
How this content is developed and reviewed
The TUPE request for employee liability information letter template is developed using a practical HR methodology that considers current UK employment legislation, ACAS guidance, CIPD good practice and the real-world HR process it supports. Templates are regularly reviewed and updated, with additional reviews triggered by significant changes to legislation, guidance or established HR practice, helping ensure each document remains practical, relevant and suitable for UK employers.
Darryl Horn, Chartered HR Director
Darryl is a Chartered HR professional with over 25 years' experience in senior HR and employee relations roles.
He has extensive practical experience of managing tupe processes and founded hrdocbox to provide businesses with practical, professionally developed HR resources grounded in UK employment law and best practice.
HRDocBox has been creating practical UK HR documents since 2009.
"Darryl provides support and advice with excellent judgement, and has a strong understanding of people, policies and UK employment legislation."
"He is someone I trust; consistent, dependable, and committed to doing things properly."
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