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Legal Updates

Is TUPE the next threat to the ‘gig economy’?

30 May 2017 #Employment


Recently it has been hard to escape reports about employment status and the ‘gig economy’ with companies like Uber, Deliveroo and Addison Lee attracting much attention.

A further case on this point is that of Boxer v Excel. In this case a cycle courier working for Excel successfully claimed that he was a worker, not a self-employed contractor, and was awarded holiday pay of £321. Although the amount awarded was small, the consequences are much larger as Mr Boxer is now claiming that, when Citysprint took over Excel, TUPE should have applied to him, as a worker.

It is generally accepted that the definition of an ‘employee’ under TUPE is wide enough to encompass workers, however there has been no case law specifically on this point. This case will, therefore, be very welcome clarification on the point.

Over the coming weeks Clarkslegal will be running a series of podcasts covering the key aspects of TUPE – make sure you check these out!

Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at employmentunit@clarkslegal.com by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.

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Louise Merrell

Louise Merrell
Associate

E: lmerrell@clarkslegal.com
T: 020 7539 8082
M: 0779 900 7325

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