Bernadone v Pall Mall Services Group Ltd and Others: QBD 2 Aug 1999

Where an undertaking was transferred, and there remained outstanding a liability of the employer to an employee for damages for personal injuries, even though not pleaded under Health and Safety legislation, was transferred to the transferee by virtue of the regulations to the new employer where the liability may also have arisen by virtue of the employer employee relationship.

Citations:

Times 02-Aug-1999

Statutes:

Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794)

Cited by:

Appeal fromMartin 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
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 . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 18 May 2022; Ref: scu.78364