What transfers and what does not, including liabilities a transferee never bargained for.
The Court of Appeal holds in ABC v Huntercombe that a transferor's vicarious liability to a third party does not pass under regulation 4(2)(a) of TUPE. Liability travels with the victim's contract, not the tortfeasor's, and the court's weakest reason is the one practitioners will hear most.
What happens when an employee who has harassed a colleague then transfers under TUPE? A review of Sean Pong Tyres Ltd v Moore and ABC v Huntercombe (No. 12) Ltd, which clarify the limits of liability transfers.
Analyzing the Court of Appeal's decision in Hare Wines Ltd v Kaur & Anor. The judgment clarifies the application of the 'sole or principal reason' test.
Transfer of Undertakings (TUPE) · Vicarious Liability · Causation