An Employment Tribunal Judge in the case of Dewhurst v Revisecatch & City Sprint has held that “workers” are covered by TUPE as well as traditional “employees”. Whilst this decision is not binding it’s likely the Respondent’s will appeal. If the Court of Appeal agrees with the Tribunal’s findings then employers will be required to inform and consult with workers about a transfer in the same way they do with employees otherwise they will be at risk of Protective Award claims, which could be very costly.
Whilst the decision would affect all sectors, it will have a huge impact on the recruitment sector especially those that supply temporary workers to hirers and they lose the contract to another supplier, which would result in a service provision change.
TUPE is a very complex area of employment law, for more information on how Peach Law can help you mitigate any risk, please contact us on 0161 478 3800 or hello@peachlaw.co.uk.
