Top 10 HR questions in May 2014: TUPE, rest periods and holiday pay

TUPE: Does the transferor have to hand over employee records to the transferee?
TUPE: Does the transferor have to hand over employee records to the transferee?

How much information about transferring employees must an employer give to the new employer in a TUPE transfer situation? Questions on employee liability information featured in the top 10 frequently asked questions on XpertHR last month.

The calculation of holiday pay was also occupying the minds of HR professionals, with the decision in Lock v British Gas Trading Ltd adding to the uncertainty caused by a series of recent cases.

  1. In a TUPE situation, is the transferor obliged to give the transferee the personnel files of transferred employees?
  2. What is the minimum amount of rest an adult worker must be allowed?
  3. What is the status of workers engaged on casual or zero hours contracts?
  4. How should an employer compute a week’s pay in relation to an employee’s holiday pay entitlement?
  5. What is “employee liability information” under the TUPE Regulations 2006?
  6. Who will Acas contact about the early conciliation of a potential employment tribunal claim?
  7. Are employees on fixed-term contracts entitled to statutory notice of their dismissal?
  8. What is the prescribed period in relation to a reservist who is reinstated after demobilisation?
  9. Will a failure by either party to engage in early conciliation be taken into account by an employment tribunal?
  10. How should an employer deal with an employee who calls in sick on a bank holiday?

One Response to Top 10 HR questions in May 2014: TUPE, rest periods and holiday pay

  1. warren 8 Oct 2014 at 1:14 pm #

    Im due to be tupe. Ive taken my holidays for the year which runs april to april. The new company runs its holidays from jan to jan. Will I have to pay back my old company for hoiday I ve taken