Source: All England Reporter
Publisher Citation: [2010] All ER (D) 10 (Jan)
Neutral Citation: [2010] EWHC 8 (QB)
Court: Queen's Bench Division
Judge:

Edwards-Stuart J

Representation Andrew Hogarth QC and Sarah Beslee (instructed by BT Legal Department) for the claimant.
  Michael Kent QC (instructed by Plexus Law) for the defendant.
Judgment Dates: 7 January 2010

Catchwords

Employment - Continuity - Transfer of trade, business or undertaking - Staff transferring to new statutory corporation under legislation - Former employees contracting asbestosis - Former employees bringing claims against parties - Whether employer's liabilities for former employees transferring to new statutory corporation - s 10(2).

The Case

Employment Continuity. The Queen's Bench Division held that in relation to those employees who were exposed to asbestos while working in the telecommunications side of the Post Office's undertaking, the liabilities of the Post Office to those employees were transferred to the claimant by s 10(2) of the British Telecommuncations Act 1981.

Practice Areas

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