TUPE Podcast Series: Who Transfers?

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

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

TUPE Podcast Series

TUPE can be a very complicated area of law to navigate and so we have designed a series of short podcasts to give you a really good overview of the basics.

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?
6. TUPE Podcast Series: What Transfers?
7. TUPE Podcast Series: Changing Terms and Conditions
8. TUPE Podcast Series: Unfair Dismissal and TUPE