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)
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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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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