Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Posted worker definition

What does Posted worker mean? In practice, a posted worker is an employee who normally works in one country and is sent by their employer to carry out work temporarily in another country, while remaining employed and paid by the sending undertaking. In EU law (which applies in Ireland), “posted worker” is defined by the Posting of Workers Directive 96/71/EC (as amended by Directive (EU) 2018/957) and implemented domestically (in Ireland, the European Union (Posting of Workers) Regulations 2016, as amended). Key features are: temporary cross‑border provision of services between EU Member States; the employment relationship remains with the home employer; and the host state’s mandatory...

Posting workers between the UK and EU from 1 January 2021: employment rights, immigration and enforcement, with historical overview of the Posted Workers Directive

Published by a LexisNexis Employment expert

Practice notes

ARCHIVED

This archived Practice Note reviews the Posted Workers Directive, 96/71/EC (PWD), set against cross-border, international and jurisdictional considerations and related matters. The PWD no longer applies to individuals posted to the EU from the UK, or posted from the EU to the UK, on or after 1 January 2021. Accordingly, postings between the UK and EU fall outside the PWD from that date.

The Practice Note:

sets out the effect of Brexit on this subject (see: Brexit impact, below)
highlights the matters to assess when posting a worker on or after that date (see: Posting workers from 1 January 2021, below)

The remainder of the Practice Note addresses the position before 1 January 2021 and is retained for reference purposes.

Brexit impact

From Exit day (31 January 2020) the UK stopped being an EU Member State but, under the transitional provisions in the Withdrawal Agreement, the UK entered an implementation period (IP) running until 11pm on 31 December 2020, termed ‘IP completion day’. During that window, the EU continued to treat the UK as a Member State for many purposes...

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Edward Kemp

Matrix Chambers

Edward has a broad cross-disciplinary practice in employment and equality, private international, human rights and commercial law. Edward is ranked as a leading junior in the following directories: (1) Legal 500 UK – tier 1 for employment; (2) Legal 500 EMEA – tier 1 for commercial disputes in the Middle East; (3) Chambers UK – for employment; (4) Chambers Global – expertise based abroad for DIFC and ADGM litigation in the United Arab Emirates. He was nominated for Employment Junior of the Year in the Legal 500 Awards 2020.Edward is particularly sought after for challenging cases raising novel points of law and sensitive factual disputes requiring creative thinking and flexible advocacy skills. He is singled out for his exceptional legal ability having been consistently described as “extremely bright…always does a first class job” (Legal 500 2021), “extremely intelligent” (Legal 500 2018),...

Web page updated on 21/05/2026

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