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

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 the same time, the right of the first employer to indemnity from his insurers was also transferred to the new employers. TUPE must be given ‘a purposive constructive having regard to, and, so far as possible, consistently with, the Directive’, and not so as to deprive an employee of rights he would have had if he had continued in the employment of the transferor.


Peter Gibson LJ


Times 26-May-2000, Gazette 15-Jun-2000, [2000] EWCA Civ 155, [2000] IRLR 487, [2001] ICR 197




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


England and Wales


Appeal fromBernadone 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 . .

Cited by:

CitedSodexo Ltd v Gutridge and others EAT 31-Jul-2008
JURISDICTIONAL POINTS: Claim in time and effective date of termination
The claimants alleged that their employer had been in breach of their rights under the Equal Pay Act 1970. They . .
CitedBritish Telecommunications Plc v Royal Mail Group Ltd QBD 7-Jan-2010
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 . .
Lists of cited by and citing cases may be incomplete.


Updated: 31 May 2022; Ref: scu.147188