Small Point – Big Impact: Workers Covered By TUPE

In the recent case of Dewhurst and others v Revisecatch t/a Ecourier and City Sprint, the Employment Tribunal ruled that "limb (b) workers" are covered by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), alongside traditional employees. Although Employment Tribunal judgments are not binding, this decision could potentially be very significant for employers.

"Limb (b) workers" are workers who do not work under an employment contract but who work under "any other contract...whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer."