Case Law Insight: ABC v Huntercombe (No. 12) Ltd – TUPE and Liability Transfer Clarified
Latest UK HR Case Law
A recent and very important case for employers and HR professionals is ABC v Huntercombe (No. 12) Ltd and others. This 2025 High Court judgment provides clarity on liability transfer under the TUPE (Transfer of Undertakings, Protection of Employment) regulations.
Key Facts:
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The claimant (referred to as “ABC”) brought a personal injury claim against Huntercombe (No. 12) Ltd, where she had been a patient.
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The injurious acts were alleged to have been caused by two employees of Huntercombe.
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Before the claim was made, the business—including the employees in question—was transferred to Active Young People Ltd (AYP) under TUPE.
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The central issue: whether AYP inherited vicarious liability for the pre-transfer acts of those employees.
Judgment:
The High Court held that vicarious liability for torts committed before a transfer does not transfer under TUPE. The court emphasised that liability to third parties for actions predating the transfer remains with the original employer.
Key Takeaways for Employers:
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Due diligence is vital—when taking on a business (and staff) under TUPE, be clear which liabilities are transferred and which remain with the transferor.
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Insurance and indemnities should be carefully reviewed—new employers should ensure protective provisions are in place for pre-transfer liabilities.
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Contracts and policies must explicitly address such liability scenarios to avoid unexpected exposure.
Comment from Matthew Chilcott – Owner of Consensus HR:
“The ABC v Huntercombe ruling serves as a sharp reminder for employers to audit all potential legacy liabilities during TUPE transfers. At Consensus HR, we help businesses navigate these complexities and safeguard them against unanticipated claims.”
🔗 For more insight on TUPE management and obligations, see our TUPE guide: Consensus HR – TUPE Services
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