ABC v Huntercombe (No.12) Ltd & Ors [2025] EWHC 1000 (KB) (24 April 2025)

ABC v Huntercombe (No.12) Ltd & Ors [2025] EWHC 1000 (KB) (24 April 2025)

Liabilities that transfer under regulation 4(2) of the 2006 Regulations must be directly connected to the employment contract, typically owed to employees or fundamental to the employment relationship. Vicarious liability for torts or human rights breaches owed to third parties is not sufficiently connected and does not transfer to the transferee employer under TUPE.

Citation
[2025] EWHC 1000 (KB)
Parties
Claimant: ABC; First Defendant: Huntercombe (No.12) Limited; Second Defendant: Active Young People Limited; Third Defendant: Dr. Veerraju Banisetti; Fourth Defendant: Dr. Mark Tattersall
Jurisdiction
England and Wales
Judgment Date
24 April 2025
Procedural Posture
Civil / Trial of Preliminary Issues
Outcome
Preliminary issues 1 and 2 answered in the negative; preliminary issue 3 does not arise.
Legal Topics
TUPE Transfer, Vicarious Liability, Human Rights Breaches, Insurance Indemnity, Employment Contract Interpretation
Employment Law Tort Law Human Rights TUPE Transfer Vicarious Liability Human Rights Breaches Insurance Indemnity Employment Contract Interpretation

Case Brief

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Parties

ABC

Claimant

Huntercombe (No.12) Limited

First Defendant

Active Young People Limited

Second Defendant

Dr. Veerraju Banisetti

Third Defendant

Dr. Mark Tattersall

Fourth Defendant

Procedural Posture

Civil / Trial of Preliminary Issues

Legal Issues

  1. 1 Whether vicarious liability for torts of employees transfers under TUPE to the transferee employer
  2. 2 Whether liability for breaches of human rights by employees transfers under TUPE
  3. 3 Whether rights to indemnity under public liability insurance transfer under TUPE

Ratio Decidendi

Liabilities that transfer under regulation 4(2) of the 2006 Regulations must be directly connected to the employment contract, typically owed to employees or fundamental to the employment relationship. Vicarious liability for torts or human rights breaches owed to third parties is not sufficiently connected and does not transfer to the transferee employer under TUPE.

Court Disposition

Preliminary issues 1 and 2 answered in the negative; preliminary issue 3 does not arise.