British Telecommunications Plc v Royal Mail Group Ltd

British Telecommunications Plc v Royal Mail Group Ltd

Liability for Mr Hilton's illness remained with the Post Office because his contract of employment had ceased before the transfer date; Section 10 and Schedule 2 paragraph 3 of the Telecommunications Act 1981 do not transfer liabilities for former employees to BT.

Parties
Appellant: British Telecommunications PLC; Respondent: Royal Mail Group Limited
Jurisdiction
England and Wales
Judgment Date
08 July 2010
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Transfer of Liabilities, Contracts of Employment, Statutory Construction
Employment Law Statutory Interpretation Transfer of Liabilities Contracts of Employment Statutory Construction

Case Brief

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Parties

British Telecommunications PLC

Appellant

Royal Mail Group Limited

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether liability for injury to a former employee was transferred from the Post Office to BT under the Telecommunications Act 1981
  2. 2 Interpretation of Section 10 and Schedule 2 paragraph 3 of the Telecommunications Act 1981

Ratio Decidendi

Liability for Mr Hilton's illness remained with the Post Office because his contract of employment had ceased before the transfer date; Section 10 and Schedule 2 paragraph 3 of the Telecommunications Act 1981 do not transfer liabilities for former employees to BT.

Court Disposition

appeal allowed

Orders

  • Declaration granted that liability was not transferred to BT in October 1981