TUPE Podcast Series: Who Transfers?

Published on: 21/03/2024

#TUPE

In this fifth podcast in our TUPE Podcast Series, Amanda Glover will be focusing on ‘who transfers’ under TUPE. Looking at the definition of ‘employee’ under TUPE legislation and the tests that apply in deciding if those employees transfer.

Determining whether an individual is an employee is by no means an easy task and is extremely fact sensitive. In this podcast, we will examine those who are likely to fall within the definition of employee under TUPE, including:

  • Employees
  • Apprentices
  • Workers
  • Executive Directors
  • Secondees provided by the transferor
  • Agency workers
  • Genuinely self-employed contractors
  • Secondees provided by a third party to work for the transferor
  • Non-employed directors

Listen to Podcast

If you have any questions in relation to TUPE, please contact our employment lawyers for advice.

TUPE Podcast Series
  1. When Does TUPE Apply? - Relevant Transfers
  2. Service Provision Changes - Same Client and Fundamentally the Same Activities
  3. TUPE Podcast Series: Service Provision Changes - Organised grouping and principal purpose
  4. TUPE Podcast Series: Service Provision Changes - Single specific events or tasks of short duration
  5. TUPE Podcast Series: Who Transfers?

Disclaimer

This information is for guidance purposes only and should not be regarded as a substitute for taking professional and legal advice. Please refer to the full General Notices on our website.