Credit Suisse First Boston (Europe) Ltd v Lister
| Credit Suisse Ltd v Lister |
|
| Court |
Court of Appeal |
| Citation(s) |
[1998] EWCA Civ 1551, [1999] ICR 794 |
| Keywords |
| Business transfer, TUPE |
Credit Suisse First Boston (Europe) Ltd v Lister [1998] EWCA Civ 1551 is a UK labour law case, concerning the effects of a business transfer on an employee's rights at work.
Facts
The transferee of the business that Mr Lister worked, Credit Suisse, for put a gardening clause into 209 employees’ new contracts. Mr Lister, who had been the head of European Equities, sought an injunction. The employees also had some advantageous new terms from the old ones under Barclays de Zoete Wedd.
Judgment
Clarke LJ held that the gardening clause was contrary to the purpose of now TUPER 2006 regulation 4[1] and contrary to the purpose of the Business Transfers Directive.
See also
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Business transfer sources
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Wilson v St Helens BC [1998] UKHL 37
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Spijkers v Gebroeders Benedik Abattoir CV (1986) C-24/85
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Süzen v Zehnacker Gebaeudereingung GmbH (1997) C-13/95
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Notes
References