Letter wording:

Transfer of undertaking of [name of Company or division transferring]

I am writing to request from you the following information to enable me to carry out a due diligence exercise with regard to this proposed transfer. We require:

• the profile of all employees;
  
• the date of commencement of service for each employee;
  
• the notice required to terminate each employee's contract of employment;
  
• the salary, wage, other benefits and hours of work of each employee including a statement about whether overtime is contractual or voluntary;
  
• pension details in respect of each employee;
  
• all other fringe benefits and prerequisites in relation to each employee, whether they are believed to be contractual or otherwise, including any arrangement or facility granted to an employee that is believed to be collateral to the contract of employment (eg free products, discounts and share option schemes);
  
• the written employment particulars required to be given to each employee under the Employment Rights Act 1996, section 1;
  
• details of the Company's grievance procedure, disciplinary procedure and equal opportunities policy [specify other examples of documentation if required];
  
• the names of all trade union or other employee representatives, along with the name of the trade union where relevant, the position and how long the position has been held;
  
• details of any significant contractual terms (including terms of service agreements for directors) or anything included in any written statement of terms and conditions of employment (including details of disciplinary, grievance and performance procedures);
  
• details of any commission or bonus scheme, whether contractual or discretionary, in relation to any employee;
  
• details of any profit-sharing scheme and of the employees to whom it applies;
  
• details of any share option scheme and the number of employees who are members;
  
• details of any trade union recognised by the transferor including particulars of the recognition agreement, the date of the agreement and how long the union has been recognised;
  
• details of any other collective agreement with any trade union giving dates, contents, other surrounding circumstances and any disputes;
  
• details of any other agreement, whether plant, local or national, with any union or other body of employee representatives;
  
• details of any current dispute with any employee whether brought under the Company's disciplinary or grievance procedure or otherwise, and any matters that might give rise to such a dispute occurring within the last two years;
  
• details of any litigation threatened, pending or ongoing against the transferor, including any county court claims, High Court claims, employment tribunal or arbitration claims within the last two years, or any matters that might give rise to such claims;
  
• details of any inquiry, correspondence or contact between the transferor and the Commission for Racial Equality, Equal Opportunities Commission, and Disability Rights Commission (before 1 October 2007) or Equality and Human Rights Commission (on or after 1 October 2007) within the last two years and the outcome;
  
• details of any inquiry, correspondence or contact between the transferor and the Health and Safety Inspectorate and the outcome, as well as employee liability insurance cover, levels of claims over the past [three] years, and any current claims or reported accidents;
  
• details of any inquiry, correspondence or contact between the transferor and HM Revenue & Customs concerning employees within the last two years and the outcome;
  
• details of all individuals in the undertaking working on training, work experience or similar schemes;
  
• details of any current appeals against dismissal;
  
• details of any changes to terms and conditions in relation to any employee introduced over the past [two years];
  
• full particulars of the transferor's pension scheme including details of the trust deed [the master document creating the scheme] and rules and full particulars of retirement ages and benefits on retirement;
  
• the names of all trustees of the transferor's pension scheme(s) and dates of appointment;
  
• details of any employee who is about to exercise, who has given notice to exercise or who has exercised a right to maternity, adoption, paternity or parental leave and who may elect to return to work after such leave;
  
• details of any current employment tribunal or county court order, or any High Court judgment in respect of any employee dispute;
  
• numbers of all employees who have been off sick or otherwise absent for more than two weeks (including on periods of maternity leave, parental leave, etc);
  
• details of all employment tribunal or other court claims in the last two years including details of any settlements and whether they remain unpaid;
  
• details of any disciplinary procedure taken against an employee within the last two years;
  
• details of any grievance procedure taken by an employee within the last two years;
  
• details of any employee who has resigned in the last year; and
• details of any employee who has been dismissed in the last year and the reasons for the dismissal.