On our website, we look at the Employment Appeal Tribunal’s recent clarification on how TUPE operates where a provisional liquidator is appointed. You can read our insight here.

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Jane Bowen

About Jane Bowen

Purvis Ghani

About Purvis Ghani

Purvis is a partner in Dentons’ London office. He is a member of the People, Reward and Mobility practice in the UK.

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Does TUPE catch workers who aren't employees?

Yes, according to the decision in Dewhurst v Revisecatch & City Sprint. Employment Judge Joffe, sitting alone in the London Central Employment Tribunal, found that an individual who is not an employee but still falls into the category of 'worker' should be viewed as an 'employee' for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations (TUPE). This means that such 'workers' are afforded the same rights and protections as 'employees' under TUPE.

By Claire Maclean