Jurisdiction(s):
United Kingdom

Key definition

Employee definition

What does Employee mean? Describes an individual engaged under a contract of employment (a contract of service) who enjoys the fullest employment law protections, such as unfair dismissal, redundancy pay, statutory notice and much family leave. In practice, employee status is determined by legislation read with case law on the reality of the relationship, typically examining personal service (no unfettered substitution right), employer control, and mutuality of obligation, alongside integration and other indicia. In England & Wales and Scotland, the Employment Rights Act 1996 defines an employee as an individual who has entered into or works under (or, where employment has ceased,...

TUPE pensions exception case law: Beckmann, Martin and Procter & Gamble—early retirement benefits, transferee obligations and valuation uncertainties

Published by a LexisNexis Pensions expert

Practice notes

On the transfer of part or all of a business

When part or the whole of a business is transferred, staff move from the current employer (the transferor) to the incoming employer (the transferee). European laws were created to safeguard transferring employees’ rights in these situations, initially via the EU Acquired Rights Directive 77/187/EEC (ARD 1977), later repealed and supplanted by the archived Acquired Rights Directive 2001/23/EC (ARD 2001). In this Practice Note, these are together called the ARD Directives. The ARD Directives were given effect in the UK by the Transfer of Undertakings (Protection of Employment) Regulations 1981, SI 1981/1794, subsequently revoked and replaced by the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006). Although UK implementing laws such as TUPE 2006 form part of domestic law, the underlying directives themselves do not. The directives are not part of UK domestic law. Mirroring the ARD Directives, both sets of TUPE Regulations include carve-outs for occupational pension benefits relating to 'old age, invalidity or survivors'. Accordingly, unlike other rights and obligations arising under or connected with an employment contract, the employment relationship, or a collective agreement, those pension benefits do not transfer on a TUPE transfer...

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Paula Warnock

Hill Dickinson

With over 15 years' experience, Paula has a wealth of pensions knowledge, advising trustee, corporate and individual clients, covering all aspects of the operation of pension schemes. Her experience includes advising on funding negotiations, scheme mergers, complex scheme restructurings, outsourcing from the public sector and closing defined benefit schemes. She has extensive knowledge of drafting scheme documentation for defined benefit, defined contribution and career average schemes. Paula's recent cases include advising on member disputes through the Courts and Pensions Ombudsman, winding up solvent and insolvent schemes, liability and risk management, section 75 debt issues (along with alternatives to paying a debt) and corporate transactions. Paula is a member of the Association of Pension Lawyers and a committee member of the North West Association of Pension Lawyers Regional Group, arranging seminars and networking events in the North West. Paula is also an Associate of the...

Web page updated on 22/05/2026

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