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ARTICLE · 02 DECEMBER 2019

Workers Are Covered By Transfer Regulations

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A case was decided this week in the London Central Employment Tribunal (Dewhurst v Revisecatch) which has dramatic ramifications for employers.

United KingdomEmployment and HR
Nicholas Robertson
Nicholas Robertson
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A case was decided this week in the London Central Employment Tribunal (Dewhurst v Revisecatch) which has dramatic ramifications for employers. The Tribunal's decision is that, where there is a transfer covered by the Transfer Regulations, individuals who are properly classified as "workers" are covered by the Transfer Regulations.

The Transfer Regulations apply to anyone working as an "employee". This is defined in the Regulations as someone who "works for another person, whether under a contract of service or apprenticeship or otherwise (emphasis added), but does not include anyone who provides services under a contract for services, and references to a person's employer shall be construed accordingly". In other words, someone who is clearly an employee is covered by TUPE because they work under a contract of service. However, what do the underlined words "or otherwise" mean? There is a clear exclusion if you are genuinely self-employed (i.e. engaged in business on

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