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.