Baker v (1) British Gas Services (Commercial) Limited (2) J&L Electrics (Lye) Limited [2017]

Posted In: Case Law
  • Case Reference
    EWHC 2302
  • Legal Body
    England and Wales High Court (EWHC)
  • Type of Claim / Jurisdiction
    Transfer Regulations (TUPE), Transfer of Undertaking (TUPE)
Issues covered: Liability; Personal Injury; Breach of Duty; Transfer Date

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 [2001] 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

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors

Already a subscriber, now or Register

This article is correct at 10/01/2018

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Dr John McMullen
Spencer West LLP

The main content of this article was provided by Dr John McMullen. Contact telephone number is 07769299610 or email

View all articles by Dr John McMullen