TUPE/outsourcing
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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In this issue, we look at whether a job applicant can gain protection under the Framework and Equal Treatment Directives […]
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Insight: UK Employment Law Round-up – February 2016
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