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)
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
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