- 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?
- What lessons can practitioners learn from this case?
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.
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