Transfer of undertakings: Tortious liability and insured's right to indemnity both transfer
This report relates to 1 case(s)
Bernadone v Pall Mall Services Group and others and Martin v Lancashire County Council  IRLR 487 CA (0 other reports)
Where there has been a transfer of an undertaking to which the Transfer of Undertakings Regulations apply, a liability of the transferor in tort to an employee that has accrued before the transfer is transferred by those Regulations to the transferee, holds the Court of Appeal in Martin v Lancashire County Council and Bernadone v Pall Mall Services Group and others  IRLR 487. Moreover, where the transferor had effected an employers' liability insurance policy, the insured employer's right to an indemnity under the policy in respect of a liability to an employee is also transferred by the Regulations to the transferee.