Latest insights from our experts

Posted 2 December 2019
by Stephen Jennings

TUPE update



An interesting decision has just been handed down by a London Employment Tribunal to the effect that TUPE applies not just to employees but also to the wider category of workers. This could potentially have very significant implications for anyone dealing with a TUPE transfer.

The wording of TUPE refers to “employees”; these are defined in slightly wider terms than under other employment legislation as “any individual who works for another person, whether under a contract of employment or apprenticeship or otherwise”. Until now, there has been no case law on the precise meaning of “or otherwise” but workers have traditionally been excluded. The recent decision held that TUPE has to be interpreted in line with European legislation, meaning workers should be included.

As a first instance decision it is not binding on other Employment Tribunals (and could be appealed) but, if this decision is followed, it would effectively expand TUPE protection to cover workers e.g. bank staff.

For any queries on an employment law related issue, please contact our specialist employment team on 01392 207020 or email employment@tozers.co.uk.

Want to know more?

Request a call back or ask us a question using our quick-contact form.
Alternatively you can call us on 01392 207020.

About the author

Stephen Jennings

Partner and Solicitor

Partner in the litigation department specialising in employment law, he is the relationship manager for many of the firm's employment clients