TUPE/outsourcing
Share incentive plans and TUPE
The divisible employee: when services the employee performs are split between new contractors under TUPE
Beneficial contract changes made before TUPE transfer not enforceable
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.
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