ICAP Management Services Ltd v Berry

Posted In: Case Law
  • Case Reference
    [2017] EWHC 1321 (QB)
  • Legal Body
    England and Wales High Court (EWHC)
  • Type of Claim / Jurisdiction
    Transfer of Undertaking (TUPE)
Issues covered: TUPE and Garden Leave

A senior executive was placed on garden leave.  Were the circumstances such that a TUPE transfer enabled him to object to it and terminate his garden leave?

No, held the High Court in ICAP Management Services Ltd v Berry

Mr Berry worked for ICAP Management Services Ltd, which was a service company for the ICAP Global Banking Business.  He gave notice to leave in order to join a competitor, BGB Services (Holdings) Limited.  ICAP put him on garden leave.

During the garden leave, ICAP was the subject of a share sale acquisition by Tullett Prebon plc.  Mr Berry notified ICAP that he considered there was a TUPE transfer and purported to object to it under Reg 4(7) of

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This article is correct at 21/08/2017

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Dr John McMullen
Spencer West LLP

The main content of this article was provided by Dr John McMullen. Contact telephone number is 07769299610 or email drjohn.mcmullen@spencer-west.com

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