Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Employer definition

What does Employer mean? In construction practice, the employer is the party who commissions and pays for the works under a building contract. Also called the client (and, on some projects, the developer), the employer may, but need not, own the site. Across England & Wales, Scotland, Northern Ireland and Ireland, usage is broadly consistent. Under JCT and SBCC forms the Employer is the named counterparty to the contractor; NEC uses “Client” for the same role; FIDIC and the Irish Public Works Contracts use “Employer”. The term is contractual rather than statutory: construction safety legislation in the UK and Ireland defines...

TUPE and Commercial Property Transactions: Application, Outsourcing, Leases, Managing Agents, Insolvency, Due Diligence and Risk Allocation (Great Britain)

Published by a LexisNexis Employment expert

Practice notes

This Practice Note explores when the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006) may apply to property transactions, and the consequences for employers (such as landlords, tenants, managing agents and other third‑party contractors) and for employees. It outlines the scope and effect of TUPE 2006, covering business transfers and service provision changes. It then looks at specific contexts: the sale of commercial freehold or leasehold property; the grant, termination or assignment of a lease; property management and service providers; changes in third‑party service provision; and employee accommodation and resident employees. The impact of insolvency on staff transfers in the commercial property setting is also highlighted. Finally, the Note addresses due diligence and the steps parties can take to manage TUPE risk in property transactions.

Overview

Examples of property‑related situations and transactions that may trigger TUPE 2006 include:

the sale of commercial freehold or leasehold property subject to existing leases (eg a shopping centre, hotel or serviced office block)
the termination of a property management agreement and the appointment of...

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Jenny Andrews

Herbert Smith Freehills Kramer

Jenny has carved out a reputation for providing straightforward, solution-driven and commercial advice on a range of partnership and employment issues (including, on employment-related data protection issues). In addition to a full-service advisory practice, handling day-to-day employment and partnership queries (including on the appointment, retention and exit management of senior employees/partners), Jenny advises on the employment aspects of a broad spectrum of transactional matters, such as domestic and cross-border share and business acquisitions and disposals, outsourcings and real estate transactions. Her contentious experience includes handling litigation in both the Employment Tribunal and High Court, such as high value whistleblowing and discrimination claims and claims seeking injunctive relief (for example, relating to the enforcement of restrictive covenants and misuse of confidential information). Jenny advises clients across a range of sectors, with a specific focus on those within the professional and financial services sector...

Web page updated on 22/05/2026

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