header-logo header-logo

15 January 2010
Issue: 7400 / Categories: Case law , Law digest
printer mail-detail

Employment

British Telecommunications plc v Royal Mail Group Ltd [2010] EWHC 8 (QB), [2010] All ER (D) 10 (Jan)

Paragraphs 1 to 3 of Sch 2 to the British Telecommunications Act 1981, which dealt with the transfer of rights and liabilities under a contract of employment from the former Post Office to British Telecommunications plc, were to be read together.

They were a series of provisions showing how interests in property and rights and liabilities were to be attributed either to the claimant or to the Post Office in situations where the position might not have been obvious. The Act provided a default position for instances where both undertakings of the Post Office had an interest in relation to property, and that mechanism was contained in paras 1 and 2 of Sch 2.

That default position was the employees were transferred into the organisation in whose business they had been working on the day before the transfer. Further, s 33(2) of the Act clearly contemplated that rights that had existed under a contract that had come to an end were still capable of being transferred by the Act. Section

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll