[UK] Workers Are Employees Under The Transfer Of Undertakings (Protection Of Employment) Regulations


In a non-binding employment tribunal ruling on the 29th and 30th of October 2019, an interesting judgement was made that employers should keep an eye on.  In “Dewhurst v Revisecatch & City Sprint (UK) Ltd”, Judge Joffe ruled that a worker, within the meaning of the Employment Rights Act 1996 and the Working Time Regulations 1998 should be regarded as an employee for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).

The main reason was that the TUPE Regs wording ‘or otherwise’ should be read to cover all UK recognised employment statuses, not only those of employees.

 

Global Payroll Association Comment

We will leave you to read the entire ruling and only point this employment tribunal ruling out as it may have implications in the future. 

At the moment, as with all employment tribunal rulings, it is not binding in employers.

The employers (Revisecatch t/a Courier and City Sprint) have been given leave to appeal the ruling within 42 days.  However, if the ruling is upheld, TUPE will have to apply to workers in addition to employees.  So, this is a potentially big ruling for employers.