2201909, 2209910, 2209911/2018
Ruling on October 30, 2019
Authority: Central London Employment Tribunal
Parties: Dewhurst / Revisecatch & City Sprint
Subject: (Gig economy) workers are protected under TUPE, Transfer of Undertakings (Protection of Employment) regulations.
Summary of facts: This case is about three cycle couriers, who worked for City Sprint. City Sprint lost a contract to Revisecatch, therefore the workers started working for Revisecatch.
The question was if Revisecatch needed to comply with TUPE, Transfer of Undertakings (Protection of Employment) regulations. Under TUPE, 'employees' are entitled to reject any less favourable terms arising from the transfer and maintain the same level of protection and rights that they had prior to the transfer, in case of a transferring business/service contract to a new owner/contractor. Under the Acquired Rights Directive the words 'any individual who works for another person whether under a contract of service or apprenticeship or otherwise' are to be construed so as to embrace workers. Workers are protected under TUPE.
Legal question: Are workers protected under the Transfer of Undertakings (Protection of Employment) regulations 2006 (TUPE)? And thereby protected in case of a transferring business/service contract to a new owner/contractor?
Considerations: The words 'any individual who works for another person whether under a contract of service or apprenticeship or otherwise' mean that a broader class of individuals than just those employed under a contract of employment have to be protected under TUPE.
Ruling: (Gig economy) workers are protected under TUPE (Transfer of Undertakings (Protection of Employment) regulations).