Ferguson & Others v Astrea Asset Management Ltd [2019]

Posted In: Case Law
  • Decision Number
    UKEAT 2208175/2017
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Contracts of Employment, Transfer of Undertaking (TUPE)
Issues covered: TUPE; Variations; Contract of Employment

There were four claimants who were company directors and employees of LPAM Ltd.  This was an estate management company with one client, an estate of considerable value in Mayfair and Knightsbridge.  In 2016, the estate owners gave notice of termination of the management contract with LPAM Ltd and stated that the respondent, AAM Ltd, would take over. The change of service provider was regarded as a transfer which the Transfer of Undertakings (Protection of Employment) Regulations 2006 applied.

Two months prior to the transfer taking place, the claimants varied their own employment contracts to their advantage.   The transfer was going to remove their status as

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This article is correct at 20/05/2020
Disclaimer:

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.

Jason Elliott BL
Barrister

The main content of this article was provided by Jason Elliott BL. Email jason.elliott@barlibrary.com

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