Who bears liability for TUPE failures?

Primary liability for failure to inform and consult rests with the transferor. However, the transferee can also be jointly and severally liable if it caused the failure. Liability can be apportioned by agreement in the transfer agreement.

What must be included in TUPE Employee Liability Information (ELI)?

ELI must include: employee identities and particulars of employment, disciplinary or grievance proceedings in last 2 years, any legal action against the employer in the last 2 years, and any collective agreements. Must be provided at least 28 days before transfer.

TUPE Consultation Timeline Calculator

Calculate TUPE consultation obligations: minimum 30-day (or 45-day if 100+ employees transferring) advance information and consultation period, ELI disclosure deadline, and liability allocation between transferor and transferee.

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⚖ For informational purposes only. Not legal advice. Consult a licensed attorney for your specific situation.

How to Use

Enter the values for the scenario you are assessing. Calculate TUPE consultation obligations: minimum 30-day (or 45-day if 100+ employees transferring) advance information and consultation period, ELI disclosure deadline, and liability allocation between transferor and transferee. Use the tupe consultation timeline result to inform your calculation.

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