Tribunal finds workers, not just employees, are covered by TUPE

London Central employment tribunal has handed down a judgment in a TUPE case which, whilst not binding, is potentially hugely significant for employers. In Dewhurst and ors v (1) Revisecatch Limited t/a Ecourier (2) City Sprint (UK) Limited the tribunal was asked to determine the novel point whether the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) apply to so-called ‘limb b’ workers within s.230(3)(b) of the Employment Rights Act 1996 (ie an individual who has entered into or works under a contract whereby the individual undertakes to do or perform personally any work or services for another party …

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