Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Due diligence definition

What does Due diligence mean? In legal practice, due diligence describes (1) compliance steps to prevent offences; and (2) pre‑transaction investigation in corporate and finance work. As a statutory defence to many strict‑liability and regulatory offences (for example under the UK Consumer Protection from Unfair Trading Regulations 2008 and the Food Safety Act 1990, and under Ireland’s Consumer Protection Act 2007 and food legislation), it requires the defendant to show that all reasonable precautions were taken and all due diligence was exercised to avoid the commission of the offence. Depending on the statute, this may place a legal or evidential burden on the defendant,...

TUPE 2006: Buyer’s employment due diligence for asset purchases and service provision changes—ELI, transferring liabilities, consultation, data protection, immigration, incentives, unions and redundancy risk

Published by a LexisNexis Employment expert

Practice notes

Where a business or asset acquisition constitutes a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006), the purchaser effectively ‘stands in the seller’s place’ and inherits all rights and Liabilities in respect of employees assigned to the business being transferred—see: Effect of TUPE 2006 below. As with share purchases, the default position on acquiring the business and assets of a company (an asset purchase) is the maxim caveat emptor (let the buyer beware). In the event of a relevant transfer under TUPE 2006, the seller is obliged to provide specified employee liability information (ELI) to the buyer (see: Employee liability information (ELI), below). Apart from that obligation, the seller owes no duty to disclose to the buyer any faults, issues or liabilities affecting the undertaking. The buyer must therefore always carry out its own detailed enquiries, and will typically instruct its advisers to undertake Due diligence on commercial, tax, financial and legal matters (including employment), and to produce due diligence reports that highlight any material issues arising from their review exercise. Similar considerations will also apply where there is a service provision change...

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Web page updated on 21/05/2026

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