ABC v Huntercombe (No.12) Limited & Ors

ABC v Huntercombe (No.12) Limited & Ors

Liabilities that transfer under regulation 4(2) of the 2006 Regulations must be directly connected to the employment contract and owed to employees; vicarious liability for torts committed by employees against third parties and liability for breaches of human rights do not transfer, nor does the right to indemnity by public liability insurers in respect of such liabilities.

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
29 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
Transfer of Undertakings, Vicarious Liability, Human Rights Breaches, Insurance Indemnity
Employment Law Tort Law Human Rights Transfer of Undertakings Vicarious Liability Human Rights Breaches Insurance Indemnity

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 transferee employer
  2. 2 Whether liability for breaches of human rights by employees transfers under TUPE
  3. 3 Whether right to indemnity by public liability insurers transfers under TUPE

Ratio Decidendi

Liabilities that transfer under regulation 4(2) of the 2006 Regulations must be directly connected to the employment contract and owed to employees; vicarious liability for torts committed by employees against third parties and liability for breaches of human rights do not transfer, nor does the right to indemnity by public liability insurers in respect of such liabilities.

Court Disposition

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