Ferguson & Others v Astrea Asset Management Ltd Posted In: Case Law
Decision NumberUKEAT 2208175/2017
Legal BodyEmployment Appeal Tribunal (UKEAT)
Type of Claim / JurisdictionContracts of Employment, Transfer of Undertaking (TUPE)
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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