December 3, 2019
In the recent case of Dewhurst & Others v Revisecatch & City Sprint London Central Employment Tribunal determined that TUPE applies to workers as well as employees.
The Second Respondent lost a contract for services to the First Respondent. The Claimants were subsequently released from their roles as cycle couriers due to the loss of the contract. They pursued claims for holiday pay and a failure by the respondents to inform and consult under TUPE.
Regulation 2(1) of TUPE states that for the purposes of TUPE protection, an “employee” means any individual who works for another person whether under a contract of service…or otherwise”
The Tribunal concluded that “otherwise” could be applied to cover workers and therefore TUPE would apply to the Claimants in this case.
What to take from this case:
It is important to remember that this is only a Tribunal decision and as such it is not binding on other employment Tribunals, however, it could extend the scope of TUPE quite considerably. The decision is likely to be appealed, but until that time it is important for employers to consider this case when dealing with the loss of a contract or sale of a business which is staffed by individuals who are not employees.