We have explained the information and consultation process that your employer must follow before a transfer to a new employer and how you can influence this process.

Your employer should have informed and consulted on any changes.

Due diligence and employee liability information

Your current employer must provide additional information to your proposed new employer one month before the transfer.

This “employee liability information” (ELI) includes information on the terms and conditions of employment of every employee, including individual contractual entitlements set out in local collective agreements.

As the school or college representative, you can play a crucial role in seeking copies of this information for the Union and checking that it is accurate.

  • Check again with your branch secretary or NEU contact the list of collective agreements you are expecting to transfer – see this list.
  • Ask your members to set out any specific contractual arrangements that they are expecting to transfer to the new employer, such as a job share arrangement, a flexible working agreement or arrangements for reduced hours or adjusted duties 
  • Ask the current and new employer to confirm in writing that these arrangements will transfer to the new employer
  • Ask the employer to confirm that members who are absent on maternity, adoption, parental or other leave, or who are absent to undergo surgery or other medical interventions, are included on the list of transferring staff
  • If the employer argues that there is no legal requirement specifically to provide the information to the unions, ask that the information be disclosed as part of the general consultation process and ask for it to be confirmed with individual members of staff
  • If the employer still refuses to provide the information, individual teachers may insist that the information is disclosed to them:  advise your members to request the information and ask them to copy it to you.

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