we have recently taken over a contract and have been served with a civil claim of negligence under TUPE transfer provisions would any one know if this was legal, we deal with TUPE transfers, on a regular basis, ensuring that employment law is adhered to, but have never had an accident claim transferring in this way. the actual incident happened in March 2010 we commenced the contract 1st May 2013

It's been over three years, will now be difficult for civil claim

We have recently completed a TUPE transfer (out) and part of that process was to identify those employees who had had accidents where here might be liability or any other situation where there was a reasonable potential for liability. I believe that this situation is covered under the TUPE regs and that there have been cases where the 'new' employer becomes liable. Arguably, if it isn't 'legal' then you would like to think that the legal teams will identify this. Do bear in mind that the limitations act isn't quite as straightforward as 3 years though!