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ARTICLE · 07 OCTOBER 2026

Does TUPE Transfer An Employer's Vicarious Liability To A Third-party?

Irwin Mitchell
Irwin Mitchell
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The Transfer of Undertakings (Protection of Employment) Regulations 2006 protect employees when a business or service transfers from one employer to another.

United KingdomLitigation, Mediation & Arbitration

The Transfer of Undertakings (Protection of Employment) Regulations 2006 protect employees when a business or service transfers from one employer to another.

In ABC v Huntercombe (no.12) Limited(Opens in a new tab), the Court of Appeal considered whether TUPE transfers an employer's vicarious liability to a third party for acts allegedly committed by employees before the transfer. 

What is TUPE?

The Transfer of Undertakings (Protection of Employment) Regulations 2006(Opens in a new tab) (‘TUPE regulations’) protects employees where there is a ‘relevant transfer’. This includes: 

  • Business transfer: where a business, or part of a business, transfers and continues operating in a recognisable way

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