As part of good practice, the employer should anonymize the additional information they have provided and, at least, remove the names. The ICO proposes that this additional information be made public with the agreement (although this may lead to privacy issues in an auction situation, either that «insider trading» restrictions may apply) or that appropriate security measures are taken. A confidentiality agreement between the parties may be interested. The aim is to ensure that the information provided is used only as part of a business transfer proposal and that it is no longer retained after its use. Disclosure to a competitor of staff exposed to sensitive business information has potentially serious consequences. An employer may be tempted to feel safer if it knows that the workers concerned are subject to well-developed (i.e. clear and duly concentrated) confidentiality and PTR obligations. While there does not appear to be a foolproof solution to this risk, one approach for companies that regularly act as providers is to ask each worker to sign a confidentiality record that may differ from the employment contract. This practice note examines the reasons why parties involved in a construction project may enter into a trust agreement (or receivership agreement) for the creation of a trust account. It examines the benefits of depositing trust funds, how a trust account works, and the provisions that are typically found in a trust account. Alternatively, the new employer may terminate the transfering employees and reinstate them immediately under revised conditions (with corresponding PTR). Therefore, the dismissal is probably an automatically unjustified termination, it would also be advisable to enter into transaction agreements for protection against the risk of claim – such exceptions could also lead to a line in the sand, which would effectively guarantee the protection of all historical debts transferred to the new employer under the TUPE.
Under Regulation 11 tUPE, the transferor must provide the transferor with specific personnel information before each transfer, and more precisely no less than 14 days before the transfer. The transferor must provide information on his identity, conditions of employment and disciplinary action taken in the two years prior to the transfer. All information on collective agreements must also be provided, as well as details of possible legal actions in the past two years or possible legal actions. Collective agreements in force at the time of the transfer are also transferred to the new employer. These include terms of employment negotiated through collective bargaining and broader labour relations. For example, the collective dispute procedure, school leave, training of union representatives, negotiated redundancy procedures or workplace safety regimes and flexible work regimes. In order to protect themselves from the (real) risk that such confidentiality obligations are related to the employment relationship and are therefore transferred to the new employer in accordance with the TUPE, service providers should clearly state in these confidentiality statements that the obligations are «non-transferable». Tariff conditions can be renegotiated after one year, provided that the overall contract is no less favourable to the employee.