The court considered the liability of the claimant for injury claims by former members of the Post Office at the date of the transfer.
Held: The obligations had been transferred: ‘section 10(2) of the Act, if read according to both its natural meaning and with a purposive approach, refers to all liabilities without limitation and does not exclude liabilities in respect of former employees of the Post Office whose employment had ceased prior to 30 September 1981.’
References: [2010] EWHC 8 (QB)
Links: Bailii
Judges: Edwards-Stuart J
Statutes: British Telecommunications Act 1981 10(2)
This case cites:
- Cited – Regina v Civil Service Appeal Board Ex Parte Bruce 1988 ([1988] ICR 649)
The court recognised that there could be terms of the appointment of a civil servant which could have legal effect. May LJ said: ‘I think that at the present time in at least the great majority of cases involving disputes about the dismissal of an . . - Cited – Wilsons and Clyde Coal Co Ltd v English HL 19-Jul-1937 ([1938] AC 57, , [1937] UKHL 2, [1937] 3 All ER 628)
The employer had entrusted the task of organising a safe system of work to an employee as a result of whose negligence another employee was injured. The employer could not have been held liable for its own negligence, since it had taken all . . - Cited – Martin v Lancashire County Council Appeal (and Cross Appeals) Bernadone v Pall Mall Services Group and Haringey Healthcare Nhs Trust and Independent Insurance Ltd CA 16-May-2000 (Times 26-May-00, Gazette 15-Jun-00, , [2000] EWCA Civ 155, [2000] IRLR 487, [2001] ICR 197)
Where an undertaking was transferred, existing liabilities arising out of the employment were transferred notwithstanding that these liabilities were not contractual. A claim for personal injuries became the responsibility of the new employer. At . .
These lists may be incomplete.
Last Update: 25 October 2020; Ref: scu.392552