Section 104K(2)

For the purposes of this section— an employer replaces an employee with an individual who is not an employee of the employer if (and only if)— and any reference in this section to replacing an employee is to be read accordingly; the individual, or the individual taken together with one or more employees of the employer or other individuals, is to carry out activities, in pursuance of a relevant contract, for the purposes of the employer’s business, those activities are the same, or substantially the same, activities as the employee, or the employee taken together with one or more other employees of the employer, carried out before being dismissed, and the employee’s dismissal is not wholly or mainly attributable to the fact that the requirements of the employer’s business for those activities to be carried out have ceased or diminished or are expected to cease or diminish; a reference to replacing an employee with an individual who is not an employee of the employer includes the case where the individual is the one who has been dismissed; “relevant contract”, in relation to an employer, means a contract, other than a contract of employment, to which the employer is a party (whether or not the individual carrying out activities in pursuance of the contract is a party to it).

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Source: legislation.gov.uk · retrieved 2026-09-04