Dewhurst & Ors v Revisecatch Limited (t/a Ecourier) & Anor [2019] UKET 2201909/2018 (26 November 2019)

Dewhurst & Ors v Revisecatch Limited (t/a Ecourier) & Anor [2019] UKET 2201909/2018 (26 November 2019)

A 'worker' within the meaning of section 230(3)(b) of the Employment Rights Act 1996 and regulation 2(1) of the Working Time Regulations 1998 is an 'employee' within the meaning of regulation 2(1) of the Transfer of Undertakings (Protection of Employment) Regulations 2006. The definition of 'employee' in TUPE 2006 must be interpreted purposively and in conformity with the Acquired Rights Directive to include limb b) workers, ensuring their employment rights are preserved on transfer.

Citation
[2019] UKET 2201909/2018
Parties
Claimant: Mx Dewhurst; First Respondent: Revisecatch Limited t/a Ecourier; Claimant: Mr D Marchant; Claimant: Mr F McQuade; Second Respondent: City Sprint (UK) Ltd
Jurisdiction
United Kingdom
Judgment Date
26 November 2019
Procedural Posture
Employment Tribunal Preliminary Hearing / Preliminary Hearing on Statutory Interpretation
Outcome
Preliminary issue determined in favour of claimants' interpretation; limb b) workers are TUPE 2006 employees.
Legal Topics
Definition of Employee Under TUPE 2006, Worker Status Under ERA 1996 and WTR 1998, Transfer of Undertakings (protection of Employment) Regulations, Statutory Interpretation, Employment Rights on Business Transfer
Employment Law Labour Law European Union Law Definition of Employee Under TUPE 2006 Worker Status Under ERA 1996 and WTR 1998 Transfer of Undertakings (protection of Employment) Regulations Statutory Interpretation Employment Rights on Business Transfer

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Parties

Mx Dewhurst

Claimant

Revisecatch Limited t/a Ecourier

First Respondent

Mr D Marchant

Claimant

Mr F McQuade

Claimant

City Sprint (UK) Ltd

Second Respondent

Procedural Posture

Employment Tribunal Preliminary Hearing / Preliminary Hearing on Statutory Interpretation

Legal Issues

  1. 1 Whether a 'worker' under section 230(3)(b) ERA 1996 and regulation 2(1) WTR 1998 is an 'employee' within the meaning of regulation 2(1) TUPE 2006
  2. 2 Whether limb b) workers are covered by TUPE 2006 as employees for the purposes of transfer of rights and protections

Ratio Decidendi

A 'worker' within the meaning of section 230(3)(b) of the Employment Rights Act 1996 and regulation 2(1) of the Working Time Regulations 1998 is an 'employee' within the meaning of regulation 2(1) of the Transfer of Undertakings (Protection of Employment) Regulations 2006. The definition of 'employee' in TUPE 2006 must be interpreted purposively and in conformity with the Acquired Rights Directive to include limb b) workers, ensuring their employment rights are preserved on transfer.

Court Disposition

Preliminary issue determined in favour of claimants' interpretation; limb b) workers are TUPE 2006 employees.

Orders

  • A preliminary hearing will be listed for case management of these claims.