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Garden leave and TUPE (ICAP Management Services Ltd v Berry)

Garden leave and TUPE (ICAP Management Services Ltd v Berry)
Published on: 05 July 2017
Published by: LexisPSL
  • Garden leave and TUPE (ICAP Management Services Ltd v Berry)
  • Original news
  • What is the background to this case?
  • What were the issues in this case?
  • What did the court decide?
  • Following his resignation, what contractual provisions prevented the employee working for a competitor?
  • On what basis did the employee argue that his employment had terminated due to TUPE 2006?
  • If he had been successful in this argument, what impact would that have had on his garden leave provisions and post-termination restrictions?
  • Why did the employee fail in his TUPE 2006 argument?
  • Are there other cases in which an employee has successfully relied on an objection to transfer under TUPE to avoid contractual restrictions on working for a competitor, or was this a novel argument?
  • More...

Article summary

Employment law analysis: What is the potential impact of an employee’s objection to a purported TUPE 2006 transfer on a contractual garden leave provision? Edward Brown, barrister at Essex Court Chambers, considers the implications of the arguments advanced and the ruling in ICAP Management Services Limited v Berry. or take a trial to read the full analysis.

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