British Telecommunications Plc v Royal Mail Group Ltd [2010] EWHC 8 (QB) (07 January 2010)

British Telecommunications Plc v Royal Mail Group Ltd [2010] EWHC 8 (QB) (07 January 2010)

Section 10(2) of the British Telecommunications Act 1981, read naturally and purposively, transfers all liabilities, including those to former employees whose employment ceased before the transfer date, to British Telecommunications. Schedule 2 paragraph 3 is a mechanism for employee transfer, not a limitation on the scope of transferred liabilities. The liabilities in question were transferred to BT.

Citation
[2010] EWHC 8 (QB)
Parties
Claimant: British Telecommunications PLC; Defendant: Royal Mail Group Ltd
Jurisdiction
England and Wales
Judgment Date
07 January 2010
Procedural Posture
Civil / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Transfer of Liabilities, Contract of Employment, Asbestos Related Claims, Statutory Construction, Employee Rights
Employment Law Statutory Interpretation Tort Law Transfer of Liabilities Contract of Employment Asbestos Related Claims Statutory Construction Employee Rights

Case Brief

Summary, issues, holding and outcome

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Parties

British Telecommunications PLC

Claimant

Royal Mail Group Ltd

Defendant

Procedural Posture

Civil / High Court Judgment

Legal Issues

  1. 1 Whether liabilities to former employees of the Post Office in respect of injuries sustained while working for the telecommunications part of the undertaking were transferred to British Telecommunications under the British Telecommunications Act 1981
  2. 2 Whether such liabilities include both contractual and tortious liabilities
  3. 3 Interpretation of section 10 and Schedule 2 of the British Telecommunications Act 1981

Ratio Decidendi

Section 10(2) of the British Telecommunications Act 1981, read naturally and purposively, transfers all liabilities, including those to former employees whose employment ceased before the transfer date, to British Telecommunications. Schedule 2 paragraph 3 is a mechanism for employee transfer, not a limitation on the scope of transferred liabilities. The liabilities in question were transferred to BT.

Court Disposition

Claim dismissed

Orders

  • BT plc's application for a declaration fails.