Jurisdiction(s):
United Kingdom

Related legal acts

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 2006 (Great Britain): identifying transferring employees—assignment, objections and dismissal; agency workers; employees working outside the UK; multi-transferee splits (Govaerts/McTear); 2024 reform proposals

Published by a LexisNexis Employment expert

Practice notes

FORTHCOMING CHANGE:

A government consultation held from 16 May 2024 to 11 July 2024 invited feedback on several proposals, notably: (1) to ‘reaffirm’ that protection under TUPE 2006 applies only to employees and not to ‘limb (b)’ workers, in order to dispel ‘uncertainty’ arising from the 2019 employment tribunal ruling in Dewhurst v (1) Revisecatch Ltd t/a Ecourier (2) City Sprint (UK); and (2) to remove the requirement to divide employees’ contracts between different employers when an undertaking is split between more than one incoming business. For added detail, see: Employees defined, below, under the heading ‘Proposals for reform’, and Two or more transferees, or transfer of only part of a business, below, under the heading ‘Proposals for reform’.

In October 2024, the Labour government’s policy paper Next Steps to Make Work Pay confirmed it would open a call for evidence to take a holistic look at a broad range of matters relating to TUPE rules and processes, including their practical operation. For further information, see Practice Note: Labour Government workplace reforms—tracker—TUPE. This Practice Note addresses which employees pass to the transferee under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, reg 4...

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Web page updated on 22/05/2026

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