The Agency Worker Regulations 2010 that came into effect on 1 October 2011 have changed employers’ information and consultation obligations under TUPE. As well as information about the fact, date, reason, legal, social and economic implications of the transfer and information about measures (if any) employers must now provide the following information:
- the number of agency workers working temporarily for and under the supervision and direction of the employers;
- the parts of the employer’s undertaking in which those agency workers are working;
- the type of work those agency workers are carrying out.
It should be noted that the information about agency workers is information about agency workers working for the employer, not working for the employer in the undertaking that’s transferring. This could be a nasty trap where the transfer is a small scale service provision changeover rather than the sale of an entire business. One might think that only information about agency workers in the undertaking needs to be provided, when in fact the legislation requires details of all the employers’ agency workers to be provided. This will be fun for HR staff providing TUPE information in large companies where a central record of agency staff in use is not maintained!