Baker v (1) British Gas Services (Commercial) Limited (2) J&L Electrics (Lye) Limited Posted In: Case Law
Case ReferenceEWHC 2302
Legal BodyEngland and Wales High Court (EWHC)
Type of Claim / JurisdictionTransfer Regulations (TUPE), Transfer of Undertaking (TUPE)
Regulation 4 of TUPE transfers to a transferee all rights, powers, duties and liabilities under or in connection with a transferring employee's contract of employment. In Bernadone v Pall Mall Services Group Limited  ICR 197 the Court of Appeal confirmed that a liability in connection with the employment contract included liability for the tort of negligence, that is to say for personal injury. This was illustrated in the recent GM High Court case of Baker v (1) British Gas Services (Commercial) Limited (2) J&L Electrics (Lye) Limited 2017 EWHC 2302. Mr Baker was an electrical engineer working for British Gas. In 2012 he was sent to a client's premises to do electrical repair
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