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Credit Suisse First Boston (Europe) Ltd v Lister

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Court  Court of Appeal
End date  October 16, 1998
Decided  16 October 1998
Credit Suisse First Boston (Europe) Ltd v Lister httpsuploadwikimediaorgwikipediacommonsthu
Citation(s)  [1998] EWCA Civ 1551, [1999] ICR 794
People also search for  Secretary of State for Trade and Industry v Slater

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.

Contents

Facts

The transferee of the business that Mr Lister worked for, Credit Suisse, 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 and contrary to the purpose of the Business Transfers Directive.

References

Credit Suisse First Boston (Europe) Ltd v Lister Wikipedia


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