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Transfer of undertakings: Tortious liability and insured's right to indemnity both transfer

This report relates to 1 case(s)

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    Bernadone v Pall Mall Services Group and others and Martin v Lancashire County Council [2000] 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 [2000] 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.