ICAP Management Services Ltd v BerryPosted In: Case Law
Case Reference EWHC 1321 (QB)
Legal BodyEngland and Wales High Court (EWHC)
Type of Claim / JurisdictionTransfer of Undertaking (TUPE)
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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